Legal Question in Wills and Trusts in Florida
personal will
can a person who has been appointed administer of an estate change the will of the deceased and distribute the funds as they see fit?
Asked on 6/12/09, 11:01 pm
2 Answers from Attorneys
Lawrence Tolchinsky
Sackrin & Tolchinsky, P.A.
Re: personal will
The distribution plan may be changed if all of the interested parties (beneficiaries) agree to the change. When this happens, an agreement is entered into among the beneficiaries. Otherwise, a personal representative (P.R.) may not alter the distribution plan, unless of course the P.R. is also the only beneficiary.
Answered on 6/13/09, 3:56 pm
Re: personal will
Absolutely not. This would be a horrible "breach of fiduciary duty" and would lead to big trouble for anyone appointed "executor" who tried to do anything remotely like this (executor is when there is a will; administrator is when there is no will).
Answered on 6/13/09, 12:45 am
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