What can be done of the terms of a Will are not followed?

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What can be done of the terms of a Will are not followed?

A father died and left the oldest son as executor of the estate, 60 acres and a home. He was widowed but remarried. It was stated in his Will that the land be divided between the 3 siblings; the wife retained his life insurance policy and could live in the home until death or remarried. Since then, she has placed the land in her name and has put everything up for sale. She has not asked the 3 kids for their permission to do this. Plus, they do not know what she has in mind to do with the money obtained by the sale. What can they do? The eldset son was never given a copy of the Will.

Asked on October 11, 2018 under Estate Planning, Louisiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

The beneficiaries (siblings) can sue the father's wife for conversion which is theft in a civil case. The remedy the siblings should seek in the lawsuit is a constructive trust which will require the wife to return the stolen items or their proceeds to the father's estate. The lawsuit should also seek a declaratory judgment as to what the beneficiaries should inherit in order to prevent further theft by the wife.


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