Legal Question in Wills and Trusts in Alabama

How much input should the executor of a will get from the other heirs?


Asked on 3/16/10, 1:40 pm

1 Answer from Attorneys

James Coleman Murchison & Howard, LLC

There is no duty on the part of an exectuor to get advice or consent from heirs. However, because the executor owes a high fiduciary duty to the heirs, he or she would be smart to avoid unnecessary conflict. The executor has a duty to make the estate as large a possible for the purpose of paying off creditors and then distributing as much as possible to the heirs. I have a feeling there is a lot you are saying here! Being executor is a tough job, and one where it is impossible to make everyone happy. Still, the executor has no duty to get advice from heirs or follow their commands. He is in charge. If he is not doing his job correctly, the heirs should ask the Probate Judge to replace him, Good Luck

Read more
Answered on 3/23/10, 5:23 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Alabama