Can the executor of my dad’s Will stop me from getting an inheritance advance?

Asked on November 23, 2015 under Estate Planning, Kentucky


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

It depends on what your dad's will states. The executor of your father's will has a fiduciary responsibility to carry out your father's wishes as set out in the will. This means following the will's language and instructions. If the will doesn't prevent you specifically from getting an advance and doesn't waste estate assets (this part is especially important), then there shouldn't be anything to prohibit the advance.  However, if the will specifically indicates you are not to receive anything until a particular condition is met or a certain time has passed, then you are out of luck.

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