Does the executor owe any duty to the beneficiaries before the death of the estate owner?
Question Details:
My brother is executor of our father's will. Although still living, I learned that, a week after surgery and still under heavy medication, my brother enabled my father to change his will. What are the disclosure obligations of the executor while the estate owner is still living?
Generally speaking an executor has no power until a will has been probated after the demise of the testator, though a Surrogate may grant temporary letters to conserve or manage estate assets. If an heir or someone who would have inherited under the laws of intestacy (which would apply to siblings). After the demise of the testator and before probate, a will can be contested, and in this case if a Surrogate Court found that there had been a codicil to a will that had been a lack of "testimentary capacity" on the part of the testator (such as in your hypothetical fact pattern) or if there had been duress or undue influence on the part of a third party (also suggested in your hypothetical) then the Surrogate Court may refuse to probate a will or a codicil to that will, however this will occur after a hearing and determination by the Court.
