Legal Question in Wills and Trusts in Maryland

Can a executer of the will decide what money can be given for example if in the will it saus your entitled to 20 k dollars can they change it to 10k dollars this is us law.


Asked on 9/17/12, 8:15 am

1 Answer from Attorneys

Cedulie Laumann Arden Law Firm, LLC

Please note there is no national "US law" for probate administration. Instead, each state has its own law, some of which is common across states. That being said, NO, a personal representative cannot arbitrarily decide to reduce a bequest in the will. However, valid debts and probate taxes MUST get paid first before distribution, so if there is not enough money to go around and make all distributions, the PR may have no choice but to reduce every share. In such a situation the reductions must be made in the same way for everyone.

This answer provides general legal information and doesn't attempt to provide specific legal advice for a particular situation. You are encouraged to seek legal advice as appropriate.

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Answered on 9/17/12, 8:48 am


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