What are the responsibilities of an estate executor to a person listed in a will
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What are the responsibilities of an estate executor to a person listed in a will
I am 1 of 3 children listed in my fathers will to receive distribution of assets
equally with other 2 children. My brother was executor.
I was listed to receive fathers house. My brother sold it and put him in a nursing
home where he died.
I later received a few hundred dollars as my share from coin he sold and told
that was my inheritance.
I have a copy of the will but he has not provided any information about what was
in the estate or values… no info regarding expenses inn order to determine what
was left after expenses were paid.
Can you explain HIS OBLIGATIONS as executor to me?
Asked on August 18, 2016 under Estate Planning, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
The executor's responsibility is to carry out the will as best as is possible under the circumstances; if you should have received 1/3 the assets of the estate, you should have received 1/3. If you did not get what you were supposed to, you could file a legal action in surrogate's or probate court requiring the executor to "account" for his actions under the will: the assets, the executor's conduct, and the distribution will be examined, and if he was careless or, worse, deliberately acted wrongfully (e.g. not in accordance wit the will), the executor may have to pay the losses to the beneficiary(ies) out of his own pocket.
As to the house: a will only controls *at death*---it does not stop the testator (person making the will) or someone with a POA for the testator from disposing of assets before death (the will has no effect before death), and if they were disposed of previously, then the will (as to those assets) becomes irrelevant. If your brother had to sell the home to pay for your father's nursing home, which is not unlikely (nursing homes are expensive; Medicare does not pay; and Medicaid only pays after you have used up almost all the assets), then your brother did nothing wrong.
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