Legal Question in Wills and Trusts in Maine
Can or How can a Executor change a Will
Sister is an Executor of a Will. She will be attempting to change the Will via her attorney. Is that possible? Next, with no contract made, $4000.00 is owed to Sister. Can she, as the Executor, take what is owed from my part of the inhertiance?
1 Answer from Attorneys
Re: Can or How can a Executor change a Will
A person appointed under a Will to "execute" the terms of a Will (thus the term executor), or more commonly known as Personal Representative, has a fiduciary duty to carry out the terms of the Will, regardless of the Personal Representative's actual feelings towards the beneficiaries. In other words, the Will cannot be changed by the Personal Representative after the death of the testator. The Personal Representative also has a duty to distribute the bequests, and should not offset any personal monies owed to him/her, although they could always seek permission from the Court to do so.
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