Can an executor also be a beneficiary?

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Can an executor also be a beneficiary?

My mother-in-law has a terminal illness, and has named my Sister in-law the executor of the estate. My sister-in-law is also a benefactor on the estate. I see this as a conflict of interest as she has already indicated that my Wife, her Sister, will get little or nothing. This is sort of like having the Fox guard the hen house. Should my wife seek out a lawyer to make sure everything is legitimate? My wife is ready to just give up and take nothing.

Asked on November 27, 2012 under Estate Planning, Michigan

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

Yes, an executor can be a beneficiary by the terms of a Will; however, your wife should seek litigation probate counsel to represent her in the proceedings, and maybe have the lawyer file a petition for  an independent fiduciary be appointed as the executor, who can be paid out of the estate assets.


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