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 10 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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