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

Answers:

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.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.