Legal Question in Wills and Trusts in Michigan
probate
Is it legal for the executrix of a will to also be the major benifactor of the will, and therefore controlls everything of the deceased's, to the detriment of the other heir?
2 Answers from Attorneys
Re: probate
The executor/executrix/personal representative appointed under a will and appointed by a court can, and often is, a person who will benefit under the will. It is very common for that person to be close to the deceased and therefore likely to inherit as well.
However, they must still follow procedure and the guideline of the process and court in performance of their duties. Decisions they make may affect the funds distribution, but they should not be making poor choices in performance of their duty.
Additional information may be found under the Estate Planning Education Tab at www.SevickLaw.com.
Re: probate
Yes, it is legal. However, if she does not distribute as she is supposed to then she could be sued.
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