QUESTION
Is it a crime to make decisions against someones wishes as executor of their will?
Asked on Jun 27th, 2011 on Estate Planning - Florida
More details to this question:
If you are named as the sole executor of one's will, when that person passes and you do things that you think are right and fair, even though they are not what the deceased person wanted, are you committing a crime? And could the other people named in the will sue you or the will?
3 ANSWERS
Theodore W. Robinson
The whole idea of leaving a Will behind is to have one's Executor follow the directives in the Will. If others wish to do so, they can sue you for failing to follow the provisions of the Will and ask that you be taken out of the position as Executor. While there are times the Executor is given great latitude in gathering the property of the deceased and then distributing it, the Executor must follow the strict directions found in the Will or they could lose their position and their Exector's fees. Speak to an Estate lawyer. Good luck.
Answered on Jun 30th, 2011 at 9:02 AM
Glen Edward Ashman
Depending on what you do, it could be a crime. And it could get you sued. And as executor you have a duty to follow the will exactly. The only exception might be with written consent of every heir, on the advice of a lawyer, and that is a very narrow one.
Answered on Jun 29th, 2011 at 9:47 AM
Trusts and Estates Attorney serving Jacksonville, FL
Partner at
Law Office of David M. Goldman PLLC
3 Awards
It would depend on the circumstances. You should have the facts and situation reviewed by an estate planning and or criminal attorney if it necessitates.
Answered on Jun 29th, 2011 at 9:34 AM