Haiku, HI asked in Estate Planning and Probate for Florida

Q: can executor cut inheritance $500 each to pay others more when not specified

Grandparent leaves each grandchild $10k, remainder to greats. Can executor cut the $10k by $500 to pay more to the great grandkids when that is not specified? Only that grandchildren each get $10k? I feel that if you don’t have a kid (which would be a great) then you get screwed out of $500 that was yours

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2 Lawyer Answers
Barry W. Kaufman
Barry W. Kaufman
  • Jacksonville, FL
  • Licensed in Florida

A: The personal representative is supposed to follow the Will to the letter.

Seril L Grossfeld
Seril L Grossfeld
  • Estate Planning Lawyer
  • Fort Lauderdale, FL

A: Funds are supposed to be distributed per the language of the will. There are exceptions if there is not sufficient assets in the estate to fund per the will. Distribution of assets is supervised by the court, if the plan is not following the will, someone should object. You can retain an attorney to assist you in this, if the personal representative is not following the will the most severe sanction would be to remove the personal representative. You may be able to recoup attorney's fees spent in seeking enforcement of distribution as specified in the will.

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