Is there anything that a beneficiary of a joint Will can do about an incompetent executor?

My father committed suicide 7 months ago and left a joint Will to his wife, late marriage. Everything left to her untilshe passes obviously with a loint Will. We found out today that her grandson is stealing from her with her knowing, bank knows also about fraud checks, remodeling the house, and now dating a guy that is 25 years younger with a record, bankruptcy, ect. Her daughter, a beneficiary like myself, just called and is worried she is blowing through all my father assets and might get taken by this guy.

Asked on September 22, 2011 under Estate Planning, Tennessee

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  I think that the way that you have described your step mother may be incorrect in this context.  An incompetent executor would be one that is not properly administering to the estate in some way.  But what I think here is that the assets passed to your step mom and what is left will go to you and your step sister.  There could be nothing left.  If your Dad left everything to your step mom then it is hers to do with as she pleases.  If she does not care about the fraudulent checks then you may not be able to do anything about it.  You are contingent beneficiaries - contingent on receiving funds but if there are none, then you are out of luck.  Speak with an attorney in your area on the matter and bring the Will.  Good luck.


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