Can a beneficiary’s gift be arbitrarily reduced by the executor?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can a beneficiary’s gift be arbitrarily reduced by the executor?

My father died recently. In his Will, he left me $10,000 and left the remainder of his financial assets in equal shares to my 2 stepsisters. The executer, who is my stepsister’s husband, informed me that he intends to reduce the $10,000 bequeathed to me in order to partially account for the cost of the probate process. Is this reduction correct? My father’s financial assets were near to $100,000 at time of death.

Asked on October 5, 2014 under Estate Planning, Georgia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

The costs of probate are taken out first; then specific gifts (like the $10,000 to you) are made; and then general distributions (like sharing the remainder between your stepsisters) are made last. So the probate cost should not come out of your sharel, but rather reduce what will be left to pay to you stepsisters.


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption