If my parent’s Will leaves everything to my brother and I equally and he is the executor, can he do anything with the estate without my knowledge?

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If my parent’s Will leaves everything to my brother and I equally and he is the executor, can he do anything with the estate without my knowledge?

Asked on August 17, 2012 under Estate Planning, Texas

Answers:

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

Answered 11 years ago | Contributor

I am so sorry for your loss.  Yes, in general an executor of an estate has the power and authority to act independent from the wishes of the beneficiaries "in the best interests of the estate" but can not in any way harm or dissipate estate assets.  That would be a breach of his duty.  If you have concerns here i would speak with an attorney.  Good luck.


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