What are my rights as sole beneficiary if the spouse is the Executor and not a beneficiary?

Get Legal Help Today

 Secured with SHA-256 Encryption

What are my rights as sole beneficiary if the spouse is the Executor and not a beneficiary?

My dad passed away 3 months ago. I am his adult daughter and only beneficiary in his Will. His wife is the executor and has harrassed me from the beginning saying that she gets everything and she will be passing out his property as she sees fit. As it looks in her plan, I will end up with absolutely nothing. I thought a Will was done to carry out wishes legally. How can she by-pass the law? She’s already given property away.

Asked on February 7, 2018 under Estate Planning, Pennsylvania

Answers:

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

Answered 3 years ago | Contributor

Sorry to hear about your dad.
The executor/executrix must comply with the provisions of the Will.  
With regard to having the executrix removed, you can petition the court to have her removed and a successor appointed.
As for property that she has "given away", she has breached a fiduciary duty as executrix.  You should consider suing her for conversion which is theft in a civil case.  Your remedy is a constructive trust which will require her to return assets to your dad's estate that she has given away, stolen, etc.  A constructive trust can be used to trace assets that have been misappropriated and those assets or their value can be returned to your dad's estate. 
 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption