Legal Question in Wills and Trusts in Alabama
My sister is executor of my mothers will. Can she take everything of value and leave me junk that was my mothers personal and household items left in her house that by will were to be divied 50/50?
Asked on 3/19/12, 1:51 pm
1 Answer from Attorneys
Jeramie Fortenberry
Fortenberry Legal
Much depends on the terms and conditions of your mother's will. If the will gives your sister absolute discretion regarding how to divide the estate, it may be difficult to challenge her division of the assets. But even if that is the case, her discretion is governed by an overall fiduciary duty. This requires her to exercise her authority as executrix on behalf of all beneficiaries of the estate and not just to benefit herself.
Answered on 3/26/12, 12:11 pm