Legal Question in Wills and Trusts in California
Executors and conflict of interest
A relative of mine has passed away and I am told my uncle is her executor. Is there a conflict of interest if he and his children are the only beneficiaries? I come from a large family so they are not the only living relatives.
5 Answers from Attorneys
Re: Executors and conflict of interest
A person has a right to designate their executor even if it is one of their beneficiaries. Sorry. If I can help you with something else, don't hesitate to contact me. (310) 478-2245 or [email protected]
Re: Executors and conflict of interest
There is no conflict of interests when an Executor is also an heir.
However, I sense another question. I believe your real question is whether you or your family members have a right to inherit. This would be true if the will was obtained under duress or undue influence. Do you have any reason to believe that the Testator was under the influence of the named Executor when she made out her will? I will be happy to talk to you about the question. You can email me from my website which is http://www.monamontgomery.com. Hope to hear from you.
Re: Executors and conflict of interest
There is no conflict of interest, unless the executor cannot protect the estate assets and treat the beneficiaries fairly.
As for the disinheritance, this is allowed unless it was done by fraud, undue influence, or mistake, and good proof of that exists.
Re: Executors and conflict of interest
No it is not. Who better to protect their interest?
Re: Executors and conflict of interest
There may be a conflict of interest. Perhaps there was undue influence. You can contest it if you don't believe it is the true wishes of the deceased. This is not an easy process and usually creates bad blood in the family.
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