Is it legal for an executor to benefit from a Will before all beneficiaries have signed off on it?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Is it legal for an executor to benefit from a Will before all beneficiaries have signed off on it?
I am a beneficiary of a Will that has been in probate for almost a year. The executor (who is also a beneficiary) has recently began using some acreage for livestock and harvesting hay. A portion of the land the executor is using has been willed to me.
Asked on June 25, 2013 under Estate Planning, Virginia
Answers:
Nathan Wagner / Law Office of Nathan Wagner
Answered 11 years ago | Contributor
It is okay for the executor to use the land for livestock and harvesting hay. After all, it won't do you any good to force the executor to let the hay rot in the field without harvesting it. The executor does not need to get the beneficiaries' permission to do this. However, the executor should be using the money from the sale of the hay for the beneficiaries (for example, to pay for maintenance or taxes or improvements on the property). When the estate is finally wrapped up, the executor should account for any income from the property during probate.
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.