What ramifications are the if the executor of a Will has spent the inheritance of one of the beneficiaries?

UPDATED: Sep 29, 2022

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What ramifications are the if the executor of a Will has spent the inheritance of one of the beneficiaries?

They were entrusted to make all financial decisions on the money.

Asked on August 3, 2015 under Estate Planning, Pennsylvania


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

1) The executor violated their fiduciary duty--the duty of trust they owe, as an executor, to the beneficiaries--and can be sued by the beneficiary for the money on that basis.

2) The executor can also be sued for conversion, which is a form of theft--taking money or property to which one is not entitled.

3) And since theft is a crime, a police report may be filed and the executor could face criminal prosecution.

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