If a person leaves money to a person in their will as a gift, can the beneficiary of the estate (or the persons only child) choose not to give the person their money?
2007-10-19 16:55:28 · 7 answers · asked by LilDz 2 in Politics & Government ➔ Law & Ethics
Also..wat can the person do if they refuse.
2007-10-19 17:04:50 · update #1
Well i saw the will but the person in charge says "You don't need it". Would i have to sue him?
2007-10-19 17:09:23 · update #2
Anybody named in the will is a beneficiary. If a lawyer handles the estate, he will ensure named persons receive what is in the will. The executor cannot decide you need or do not need any amounts you are left in the will, or he/she can be taken to court. The executor is responsible for disposition of any and all property according to the wishes of the deceased, and the payment of all taxes and expenses (receipts kept for scrutiny of heirs if they wish to see them). It is a solemn, official, and very legal duty, and the executor can be removed if it is not performed properly. Believe me, I know, I am working on 2 estates as executor now. I make no decisions on the amount anybody gets.
2007-10-19 17:41:40 · answer #1 · answered by Fred C 7 · 1⤊ 0⤋
No, they can't "choose" not to pay.
They may take it to court, if they are able to prove hardship if they were the main beneficiary and that paying the gift would be too difficult, or that the will was some how invalid. Or if there was not enough money in the estate to pay that amount (after items have been sold, etc.) then they can ask for a reduction. (Some one flat broke can't will money they don't have, and put it upon others to pay) But that would involve a case before a judge.
The courts also require that the matters pertaining to a will be settled in a timely manner, so depending on how complicated the estate was, from 6 months to a year is not unreasonable.
Either way the executor of the will (usually a lawyer/law firm) is the one to contact about the payment, not necessarily the same person as the beneficiary.
2007-10-19 17:07:37 · answer #2 · answered by Barb Outhere 7 · 0⤊ 0⤋
They have to do what the will says unless there isn't enough money once all the bills are paid.
The funeral home has to be paid first
Then they have to pay all or part of any other bills the person may have left behind. This is determined by Probate Court and the executor has to do it the way it is specified.
Any money or property left over is then doled out as is specified in the will.
If the person hasn't done this, contact Probate Court and ask to get a copy of the will and how to go about getting what was left to you
2007-10-19 17:05:44 · answer #3 · answered by KittyKat 6 · 1⤊ 0⤋
The legal proceeding would be against the executor of the estate to compel him to account. That's the legal term of art for the proceeding to make a fiduciary show what money he took in and what money he put out. If he put money out improperly, there could be a claim against his surety bond. If he took money wrongfully, can't put the money back and there is no bond in place, the money is gone but the executor goes to jail for larceny, embezzlement, probably other things, too.
2007-10-19 17:28:19 · answer #4 · answered by Anonymous · 1⤊ 0⤋
The person's child canTRY to tie it up in court by contesting the will untill the person the money was left to either spends more $$$ on lawyers than was left to them or gives up and conceeds to give up the inheritance but they can not just choose not to give the money.
2007-10-19 17:08:50 · answer #5 · answered by Will Y 3 · 0⤊ 0⤋
by law the attorny of the family who was in charge of the estate should have gave it to you. if it was in the will that was the last wishes to be carried out by the diseasted.
2007-10-19 17:05:30 · answer #6 · answered by alexia's mommy 5 · 0⤊ 0⤋
by law the executor must follow the wills instructions.
if you are in the will they canno't hold back what was left to
you.
2007-10-19 16:59:08 · answer #7 · answered by Mary S 6 · 0⤊ 0⤋