Asked in Estate Planning and Probate for Rhode Island

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 .

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1 Lawyer Answer
Albin Moser
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  • Estate Planning Lawyer
  • Providence, RI
  • Licensed in Rhode Island

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.

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