Q: Can the executor of a family trust take everything of value from the residence not mentioned in the will.
10 beneficiaries, executor included. Automobiles, jewels, cash, antiques, televisions etc .
A: No, the executor of the probate estate or the trustee of the family trust does not have the right to take everything not mentioned in the will, unless the intention is to hold it for distribution to the rightful heirs of the estate and beneficiaries of the family trust. The executor is the person designated in the will to make sure that the will is followed, and the executor is supposed to follow it. The trustee is the similar person designated in the family trust to make sure that the terms of the trust are followed, and to follow them. Sometimes it is the same person. So, if you are an heir at law then you have a right to appear in probate court about what is going on. Similarly, if you are a beneficiary of the family trust then you have a right to know what is going on and to file a case in Superior Court concerning the family trust if the trustee is not following the terms of the trust.
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.
