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Vash2989
Vash2989 asked in Politics & GovernmentLaw & Ethics · 7 years ago

is it legal for the executer of the estate to go against the will?

my uncle died in april and his son was set to be the executer of the estate, the will specified that my parents were supposed to get 24k from what the will stated and several other people were supposed to get around 6k he paid out 11k to my parents and 1k to everyone elese and pocketed the difference to purchase new appliances, a new car (paid in full), new tv and a new addition to his house. i need to know if this is legal and if its not how do i fight it?

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  • Mr Placid
    Lv 7
    7 years ago

    If the executor pocketed money that he was not entitled to keep, then it is a breach of fiduciary duty. Any beneficiary who was directly affected may sue the executor for breach of fiduciary duty. Note: You, yourself, cannot fight it. You were not a direct beneficiary of the estate. Only your parents, and the "everyone else" who was shortchanged, can take action.

  • Anonymous
    6 years ago

    Time for your parents to consult with a lawyer.

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