Can en excutor of a will who is also a beneficiary make another beneficiary repay a loan to the deceased?

UPDATED: Sep 30, 2022

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Can en excutor of a will who is also a beneficiary make another beneficiary repay a loan to the deceased?

I borrowed money form my mother two years ago, due to financial problems i have
not been able to pay her back, my mother died and my sister who is executor and a
beneficiary is deducting the loan balance from my inheritance amount.

Asked on July 4, 2017 under Estate Planning, New York


M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

An executor has a fiduciary duty to admnister an estate. This includes paying debts of the estate as well as collecting any monies owed to it. Accordingly, if the money that your mother gave you was a loan and not a gift, then it is anof this estate asset that must legally be collected. This can be done by offsetting the outstanding balance from your inheritance.

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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