Am I able to make executive decisions as beneficiary?

UPDATED: Sep 30, 2022

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Am I able to make executive decisions as beneficiary?

My parents have both
now passed. Prior to
my Fathers passing, 7
years ago, 5hey had a
will drawn stating
all 3 children divide
equally and older
brother executor.
After, death, Mother
and brother cut ties
completely. Brother
wants nothing to to
do with this
relationship with
Mother and Psychotic
younger sister. So,
now that Mom has
passed, I am named
the beneficiary on
her death
certificate. Is that
comparable to
Executor? Can I make
decisions regarding
evicting my psychotic
sister from Home
inorder to make

Asked on January 26, 2017 under Estate Planning, California


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

No, a beneficiary is NOT the same thing as an exectutor: being a beneficiary does not give you any rights over an estate (the property prior to being distributed and the estate probated; even property which will be inherited in whole or part by you). If the executor named in the will (your brother) refuses to serve--which is his right--and no back-up executor is named, you will have to petition the court for the court to appoint or name an executor, and you can certainly ask that it be you. Contact the clerk of the probate or surrogate's court for instructions.

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 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.

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