Deerfield Beach, FL asked in Estate Planning for New York

Q: Can an executor coerce beneficiary’s into signing a will?

The two beneficiaries were coerced into signing their wills by the executor. If they did not sign the wills, the executor threatened to not allow a locksmith into the testator’s home to open their father’s safe.

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2 Lawyer Answers
Benjamin Z. Katz
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Answered
  • Estate Planning Lawyer
  • New York, NY
  • Licensed in New York

A: Your question is a little off. The Will is signed only by the person making the Will (Testator).

When the Testator dies the named Executor petitions the Court for the power to carry out the provisions of the Will. If the spouse and heirs don’t agree that the Will is valid and don’t consent to the Executor being appointed, no one has the legal right to break into the safe.

Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Which wills? The decedent's will is not signed by a beneficiary. Making their own wills makes no sense. Bottom line is there is something screwy here.

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