Legal Question in Wills and Trusts in New York

wills,probate

Can the executor of a will disregard the wishes of the deseased and the will and keep all the assests to themselves?


Asked on 12/16/08, 1:48 pm

3 Answers from Attorneys

Michael Markowitz Michael A. Markowitz, PC

Re: wills,probate

No.

Mike.

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Answered on 12/16/08, 1:57 pm
Walter LeVine Walter D. LeVine, Esq.

Re: wills,probate

No, an Executor is a fiduciary and must follow the Will as it specifies. To do anything else is a breach of his fiduciary obligations and he can be sued to compel his following the Will.

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Answered on 12/16/08, 2:42 pm
Warren Markowitz Warren R. Markowitz, Esq

Re: wills,probate

There is just no other way to say this,

'NO'.

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Answered on 12/16/08, 2:43 pm


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