Legal Question in Wills and Trusts in New York
I am the executrix of my mom's estate. I was left a greater percentage than my brother. My brother is calling me saying that since I am the executrix, that I can do what I wan, that I should do the right thing and give him more than what my mom left him in the will so we both will have equal shares. He is laying a guilt trip on me. I told him that I have a legal responsibility as the executrix, that I cannot do what I want, and that I have to follow the will. Am I right and how can I get him off my back?
2 Answers from Attorneys
You are required to follow the provisions of the Will. However, this does not prevent you from making a gift to your brother if you are so Inclined. Don't fall for the guilt trip; just do what you think is best for you.
You can give him whatever you wish. However,you also are entitled to commissions, set by statute, on all funds passing through the estate. Your mother had a reason for leaving you more than your brother. Perhaps she gave him more while she was alive.
But, to answer your question; you cannot give him less, but you can give him more.
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