Can the executor of someone’s Will go against the testator’s wishes?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Can the executor of someone’s Will go against the testator’s wishes?
My 94 year old grandmother had a Will in which my aunt is the executor of. My grandmother’s short term memory is getting worse to where she is needing home care. My uncle who takes care of her, wants to put her in a home. Can he and my aunt sell my grandmother’s mobile home that she put in the Will before she dies to put her in a home?
Asked on January 1, 2019 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 5 years ago | Contributor
Yes, they can do this. A will has NO power or effect before a person dies--it does not in anyway control what can be done with or to their property while they are alive. It can be used by them or for them (e.g. by a guardian or person with a POA) freely, even if that means it won't be available for heirs later. The terms of a will should always be read as (example), "IF I still have my mobile home when I pass away, THEN it does to...."
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.