Does an executor of a Will have the right not to give out an inheritance?

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Does an executor of a Will have the right not to give out an inheritance?

My grandfather died and my uncle informed me 2 years ago that he left my brothers and I some money, as well as my mom who has dementia. However he wants me to sign a form that will make him the guardian of my mom’s money instead of my dad and none of us have received any money since his death.

Asked on October 6, 2015 under Estate Planning, Illinois

Answers:

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

Answered 6 years ago | Contributor

The executor is required to comply with the provisions in the Will.  Your executor has breached a fiduciary duty by attempting to become the "guardian" of your mother's money and for not distributing the funds to the beneficiaries of your grandfather's Will.
If the Will includes procedures for removal of the executor and appointment of a successor, those procedures should be followed.  If the Will is silent as to removal of the executor, you and the other beneficiaries can file a petition with the Probate Court to have the executor removed and a successor appointed.


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