How can we protect a payout from the wrongful acts of an executor?

UPDATED: Oct 1, 2022

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How can we protect a payout from the wrongful acts of an executor?

My wife is in her grandfather’s Will and is due to receive about $80,000. Her sister, also a recipient, was named the executor but for some reason all of the papers stating that were lost. The lawyer in charge is giving her an executive privilege and she will be given a fee for going through the same procedures as an executor. Unfortunately, her sister hates my wife. She has done nasty things in the past, so we are concerned that when it comes time to pay up her sister will either keep the money or take years in paying her. If she does try to pull a stunt like that what should we do?

Asked on November 16, 2017 under Estate Planning, Ohio


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

Answered 5 years ago | Contributor

I am so sorry for your loss and the situation as it is.  First, the Will should name the Executor so I do not know what you mean by "the papers....were lost."   Has your wife signed anything yet?  Make sure that her sister has to post a bond, which is a surety and guarantee that if she does anything wrong you can collect against those funds.  Also, I would hire an attorney on your own for a flat rate to monitor the matter.  Good luck.

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