QUESTION
Can the widow overrule the will payout?
Asked on Apr 06th, 2020 on Wills and Probate - Illinois
More details to this question:
A few years back a relative died. Before he died, he shared that each relative in the family would get something since he had no children to share. But after his death no one received anything. Even his wife acknowledged the will but said that she wasn't sure if she would give anyone any of the money that he wished. Can the widow overrule the will and not pay what he stated in the will? Would the money be paid out when she dies? She has since taken the assets and shifted to her family so there may be nothing left that can be shared when she dies.
1 ANSWER
2 Awards
Contact a local probate lawyer. A Will has no local effect until it is admitted to probate (proving). The duty of the executor named in the Will and appointed by the court is to collect the assets, pay the debts and distribute the rest according to the terms of the Will. In many states any beneficiary named in the Will can demand an accounting a certain period after the court appoints and executor and if distributions are not made after a certain period ask the court to replace the executor. The widow is not entitled to convert the estate's assets to her own contrary to the express provisions of the Will.
Answered on Apr 07th, 2020 at 5:06 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.