Monday, April 27, 2015

Can an executor of an estate do as he wishes with the estate if there is no specific parts of the estate allocated to the heirs in the will?

Question

Can an executor of an estate do as he wishes with the estate if there is no specific parts of the estate allocated to the heirs in the will?



Answer

The simple answer is no. He has a fiduciarty duty to the heirs in the will, to gather and identify the assets, pay the necessary expenses and debts, and put the heirs in possession of the estate, in accordance with the provisions of the will, as soon as practical



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