Legal Question in Wills and Trusts in Alabama
What can be done to wife if she does not execute husband will.
Wife, excutor of husbands will, does not follow will. Money in savings and life insurance willed to (grown)children is spent on fixing up house that was willed to her. Can she be required to come up with the money she removed from the the accounts after his death? Before his death?. He allowed her to be on his account 2 months before he died to helptake care of minor expenses, so the bank says. I dont know who the benificuries where in the life ins., but the will stated it was to be given to children.
1 Answer from Attorneys
What can be done to wife if she does not execute husband
I'm not licensed in Alabama, so you need to chedk with an attorney there, but generally speaking a beneficiary under a Will can petition the Court to have an executor removed and replaced if they are not carrying out the directions set forth in the Will.And generally any money improperly spent by the administrator can be recovered from, usually from the bond that has to be posted before their appointment as executor.Money spent before death is generally simply gone, particularly if spent with the decedent's knowledge and consent.
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