An executor distributes estate money to a charity not designated in the estate will. What is the severity of the offense?

10,000 was distributed

Asked on December 22, 2017 under Estate Planning, Wisconsin


S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The executor is liable for negligence, which is the failure to exercise due care (that degree of care that a reasonable executor would have exercised under the same or similar circumstances to prevent foreseeable harm).
Damages (monetary compensation the beneficiaries are seeking in a lawsuit for negligence against the executor) would be the amount that was distributed to the charity.

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