Q: If there are two beneficiary's on a will, and one is also the executor, can said executor keep all the money?
My mother & I are two beneficiaries on my Grandparents Will, they passed, and the estate is ready to be closed, but she is saying since we were not allocated a set amount of money she can invest it all and keep it for herself. is this legal? can she make it so I get nothing since they didn't leave either of us a set sum?
A: The executor has to follow the will. So it would depend on what the will said. It would be very strange for the will to not specify the share of the estate that each of you were to receive.
For example, wills commonly say something to the effect of: "to my children, but if my children do not survive me to my grandchildren." In that case your mom would be the only beneficiary, even though you were both technically named in the will.
To really answer this question an attorney would have to review the exact language in the will.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.