Legal Question in Wills and Trusts in Michigan
mother's will
My friend's mother passed away 3-2002. Her will stated that one of her sons be executor. In her will it stated that two specific rings of hers be sold and the money distributed equally to her 5 children. The executor kept one of the rings as payment for his job as executor. The other ring was put in with other less expensive jewlery and the executor divided the piles in 5, one for each child. One of the children is mad about it since her mother's wishes were to have the ring sold. She will not cash her inheritance check. She believes if she doesn't cash her check (the other children have cashed there's) she can put it back in probate. Although the executor did not do what his mother wanted, can the daughter make the executor get the ring back from the other sibling and sell it? If the daughter hasn't cashed her check, can it affect the others?
1 Answer from Attorneys
Re: mother's will
The executor is the person who is liable. The fact that the daughter has not cashed her check has no effect on the other children. The daughter's recourse at this point would be to bring an action against the executor in the probate court. If the Court found in favor of the daughter, the executor would ultimately be responsible for making everyone whole.
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