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A member of my family was the executor of my grandmother’s estate, which was settled and everything
Asked on November 12, 2018 under Estate Planning, Iowa
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 2 years ago | Contributor
Yes, the granddaughter could sue the executor for the money. An executor is obligated to follow the terms of the will and has a legal duty (called a "fiduciary duty") to act in the interests of the heirs and beneficiaries and not engage in "self dealing," or benefitting herself at the expense of those who are supposed to benefit. A lawsuit would be the only way to make the executor return the money to the granddaughter.
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