The executor of my papa`s will is also executor of the family trust.Has he got overriding powers of the will?

Question

The executor is also my brother-in-law and I am wondering if my sister and he can change the nature of my father`s original intent.

Answer 1

The will has to be filed for probate, it is unlikely that they can change the intent, the KEY thing is that your brother in-law can not be a party in the will, your sister can but if your brother in-law is also listed (other than executor) a new executor must be found. They have no power to override the will, it is his duty to execute the will exactly as stated in the will, same goes for the trust. Every cent must be accounted for.

Answer 2

First of all, the only way anyone could change what the will says would be if it were legally wrong and a judge decides that the specific wishes can't be carried out. Secondly, it's ok that he's executor of the will and the trust ONLY IF he is not also a benefactor. If he is in the will, he must be removed as executor because it is a conflict. Most people use their lawyer as executor, when it is a family member, it is usually not allowable. Hope this helps.

Answer 3

The fact that the same person is executor and trustee is not unusual. It is impossible to say what he can and can't do without actually seeing the will and the trust and how they relate to each other.

In general, he will have to follow the terms of both documents and can't change the intent of your father as expressed in those documents. However, to the extent that your father may have had hopes that were not put into writing in those documents, the executor and trustee are not bound by such unwritten hopes.

If you think that your brother-in-law is not going to follow the will or the trust, then you need to hire an attorney to protect your interests in this estate.

Answer 4

The duty of the executor is to carry out the express wishes of the Testator (person who wrote the will). Unfortunately, in many cases this requires an interpretation of the intent of the Testator on the part of the Executor. Too often, different family members interpret "intent" differently. This often leads to the most acrimonious litigation imaginable. Try to avoid the messy and stressful alternative of litigation by rationally discussing any differences of opinion with your brother-in-law. Use litigation as the very last remedy possible.

Answer 5

An executor must administer an estate in accordance with state law and the terms of the will. He should marshal all assets, notify estate beneficiaries, pay obligations of the estate, and make distribution in accordance with the terms of the will. If he does not, a beneficiary may hold him responsible in the probate court.

A trustee of a trust must administer the trust in accordance with the terms of the trust document. If given discretionary powers under the terms of the trust instrument, he must responsibly exercise those discretionary powers. The terms of a trust may not be changed unless there is notice to all parties in interest, a court hearing, and a probate court judge signs an order authorizing those changes.

Answer 6

No they have to follow the rules of probate in your state if you think something is wrong get a Lawyer to protect your interest

Answer 7

Sorry to say, no.