What are a beneficiaries rights to their inheritance if the estate of the deceased is being sued?

My father-in-law had a revocable living Trust. He was recently killed in a plane crash along with 2 other pilots. The widows of the other pilots are suing his estate. He left my husband a classic car. My father-in-law’s current wife told my husband that she cannot give him the car due to the lawsuit. Can she do this?

Asked on July 17, 2014 under Estate Planning, Oklahoma

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss.  I am assuming that she is the Executor of the estate, correct?  She is being cautious about the assets of the estate and the lawsuit and quite frankly, properly so.  The executor has great power and a huge fiduciary responsibility to the estate and the beneficiaries. You need to wait until all the liabilities are settled.  Good luck. 


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