What if the person who administers a Will doesn’t follow the wishes of the decedent?

Asked on August 14, 2014 under Estate Planning, Florida


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

Then that person is violating their fiduciary duty. Interested parties (e.g. beneficiaries under the will, or surviving immediate family members) can bring a legal action seeking a court order requiring that person to follow the will; he or she may also be required to repay any amounts improperly taken or distributed from the estate. Someone seeking to force the person to comply with the will should consult with a trusts and estates or probate attorney.

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