Does an executor of a will, can the she do whatever she wants?

UPDATED: Oct 1, 2022

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Does an executor of a will, can the she do whatever she wants?

My mother passed away and her will specifically states that my brother is to
receive nothing. As the executor, my sister states that she can include him
taking a part of the other beneficiaries share and giving it to him to split
everything equally.
Is this legal?

Asked on December 7, 2017 under Estate Planning, Georgia


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

Answered 4 years ago | Contributor

Sorry to hear about your mother.
The executor of the Will must comply with the provisions of the Will.  The executor cannot alter provisions of the Will.  
If your mother's Will provides for removal of the executor and replacement with a designated successor that provision should be invoked because your sister is breaching a fiduciary duty as executor.
If your mother's Will is silent as to removal and replacement of the executor, you should file a petition with the probate court to have your sister removed as executor (executrix) for breach of fiduciary duty and a successor appointed executor.

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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