Can executors decide how to distribute an estate among siblings?

Full question:

If the will says that everything is to be divided equally between my deceased mother in-law's 5 children, can the exectors(2 of the children) decide how much they will give each one? they should have gotten around 20,000 each after the estate settled and they took my husband $20,000 and divided between the 4 of them!!!! they said my husband borrowed money from their mother and never repaid her which it's not so!! There is nothing about a loan or anything else in the Will only that everything should be divided equally between her 5 children. Can they do that?

Answer:

Some wills state that debts must be deducted from an heir's share. It’s advisable to consult a local attorney who can examine all relevant documents and facts in this situation.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Executors have specific duties and powers defined by the will and state laws. They cannot act outside the authority granted to them, such as altering the distribution of assets unless permitted by the will. Executors must also act in the best interest of all beneficiaries and cannot favor themselves or other heirs over others. Mismanagement or self-dealing can lead to legal consequences.