Is a Will contestable if the executor is dishonest?

The Will states that if you contest it you get nothing. But what if the executor is dishonest?

Asked on August 28, 2011 Washington

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss and for the situation.  These are two very different issues here and one has nothing to do - or at least it should not have - with the other.  When a decedent puts in a "no contest clause" in a Last Will and Testament, that generally relates to the way the assets of the estate are being distributed.  I guess it could have something to do with who has been named as the fiduciary (as ridiculous as it seems) but it is very different from the issue of an executor being dishonest and not properly distributing the assets according to the Will or stealing from the estate or anything else that can be seen as a "breach of fiduciary duty."  If you have proof seek legal help.  It will cost you out of pocket and the executor will be permitted to use estate funds to defend himself. But in the esn it will be worth it and you may be able to recover from him.  Good luck.


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