Legal Question in Wills and Trusts in New York
wills,probate
Can the executor of a will disregard the wishes of the deseased and the will and keep all the assests to themselves?
Asked on 12/16/08, 1:48 pm
3 Answers from Attorneys
Michael Markowitz
Michael A. Markowitz, PC
Re: wills,probate
No.
Mike.
Answered on 12/16/08, 1:57 pm
Walter LeVine
Walter D. LeVine, Esq.
Re: wills,probate
No, an Executor is a fiduciary and must follow the Will as it specifies. To do anything else is a breach of his fiduciary obligations and he can be sued to compel his following the Will.
Answered on 12/16/08, 2:42 pm
Warren Markowitz
Warren R. Markowitz, Esq
Re: wills,probate
There is just no other way to say this,
'NO'.
Answered on 12/16/08, 2:43 pm