Legal Question in Wills and Trusts in Georgia

Can a executor of an estate put money in a CD with out the consent of other benifiencaries of the estate?


Asked on 11/15/11, 12:14 pm

3 Answers from Attorneys

Paula McGill Attorney at Law

It all depends.

Is the CD in the estate's name/executor in trust for estate?

What are the executor's powers?

If he has power to invest the money, it might be proper.

If the executor has full powers and is not withholding money that should be used to paid expenses of the estate or the beneficiaries, he can probably do it.

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Answered on 11/15/11, 3:36 pm
Glen Ashman Ashman Law Office also dba Glen Ashman Attorney

Depending on the language of the will, probably yes.

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Answered on 11/15/11, 4:52 pm

Neither I pr the other attorneys have enough information to answer your question. Read the will or take it to a probate attorney in the county/state where the estate is pending. Any attorney will also need the details as to how the cd was funded and whose name was on the cd and for how long.

It could be that this is allowed. However, if the executor just took funds from the estate and purchased a cd in the executor's name and the executor was not a beneficiary of those funds, then it may not be allowed.

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Answered on 11/15/11, 8:26 pm


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