QUESTION
Can executor dictates who gets what if distribution not stated in will?
Asked on Jul 04th, 2012 on Wills and Probate - Ohio
More details to this question:
Brother is executor of my Mother''s will. He and I are only heirs. Mother had only personal items and some furntiure. Can my brother dictate what I get from household furnishings? I thought exectutor was a position of service, not position of power; charged only with carrying out wishes of will; has no special powers or privileges? If true, can you confirm legally? Thank you!
1 ANSWER
Tonya Coles
The executor's responsibilities include gathering estate assets, paying final debts, and distributing what is left to the beneficiaries named in the will. The executor is obligated to carry out the wishes of the will in compliance with Ohio law. He can dictate what you get from household furnishings only if the will gives him that authority. If you have not already read the will, you have a right to ask for a copy as beneficiary.
Tonya R. Coles, Attorney at Law
Elder Law -- Estate Planning -- Probate
www.tonyacoles.com
Answered on Jul 12th, 2012 at 5:35 PM