What are my rights if I am the executor for my mother’s estate?

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What are my rights if I am the executor for my mother’s estate?

If she paid out $1000 to each of my 3 siblings as an inheritance before she died. (I did not take the funds then as she called it an inheritance and she wasn’t deceased yet.), can I legally withhold equal amounts from each sibling to total what would have been $1,000 owed to me?

Asked on May 19, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  I would be very careful about giving yourself what may look like "extra" money with out either the devise being specific in her Will - i.e., I am leaving X $1000 as I gave it to Y and Z during my lifetime" - or a written agreement between all the parties involved, as it may appear to be a breach in fiduciary duty.  Get help.  Good luck.


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