Legal Question in Wills and Trusts in Illinois

Wills & Probate

If a person was left something in a will, and it was payable upon the second party's death, but their was no longer any money left, due to nursing home costs, would the executor of the will have any responsibility to account for how the second party spent their money while they were still alive, to the third party beneficiary if there was no money?


Asked on 2/20/09, 10:57 pm

1 Answer from Attorneys

Re: Wills & Probate

If the contingent beneficiary is entitled to the remainder of the assets after the death of the primary beneficiary, they are entitled to an accounting of the income and expenses.

If your question is whether the executor (rather than someone else) has any responsibility, then I would have to review the will (which I'm rather sure set up some kind of a testimentary trust) to see who would be responsible for such an accounting.

Usually, there is a trustee assigned to be responsible for the on-going finances of such a trust, and not the executor (however, it is possible that the executor and the trustee are the same person).

Your best bet is to have an attorney review the document to see what responsibilities are assigned to the executor.

There may be fiduciary responsibilities here that the executor could be charged with if there is a breach, so he should act accordingly.

Let me know if I can be of assistance.

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Answered on 2/21/09, 12:49 pm


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