What rights does the executor of a Will have?

Get Legal Help Today

 Secured with SHA-256 Encryption

What rights does the executor of a Will have?

My grandmother passed away 6 months ago and had a Will listing an executor. My grandfather was still alive at the time and we were told the Will was invalid as everything automatically went to him. He passed last month without a Will. A family member, not the executor, set up a probate court hearing to name themselves the personal representative of his estate. Does my grandmother’s executor have the right to block this and distribute assets as listed in the Will?

Asked on April 30, 2018 under Estate Planning, Rhode Island

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

A valid will is enforceable. A person named as executor in the will has power or authority over the estate. However, someone named in person A's will does NOT become the executor or personal representative of person B's estate, even if much or many of the assets of person B originally came from person A. So your grandfather's estate will have its own personal representative and will therefore--since he had no will--pass by the rules for intestate succession (who gets what when there is no will) without any reference to your grandmother's will.
The critial issue is, however, what actually was in your grandfather's estate? Obviously, anything he personally owned is in his estate. Anything he inherited from your grandmother is in it, too. But he may not have inherited "everything" legally. If your grandmother's will did not leave everything to him, he would NOT have automatically received it: no state requires you to leave *everything* to a spouse. He was guaranteed to get some of your grandmother's estate by RI's "elective share" law, which prohibits completely disinheriting a spouse, and certain jointly owned assets (money in a joint bank account; a house owned as joint tenants with right of survivorship) or "pay on death" (POD) or "transfer on death" (TOD) assets would go to him, but unless her will specifically left everything to him, it is very likely that other people (the other people named in your grandmother's will) would receive at least something from her--and anything received by other people should have been distributed according to her will, are not part of his estate, and should not be under the control of his estate's personal reprsesentative.
It may be possible, assuming that probate on your grandmother's estate was not completed, to challenge what happened to or with those assets she left to other people--again, there is no law that your grandfather would have automatically recieved everything, unless everything they owned was owned as a joint asset. This is a complicated situation--you will effectively need an attorney to help you sort it out. If you believe that the portion of your grandmother's estate which she would  have left to other people (i.e. you, if you are going to take on the effort and cost of this matter) is large enough to justify the cost of an attorney, then consult with a probate attorney. Otherwise, if the feel there is not enough money at stake to justify paying several thousand dollars (at least) to a lawyer, you may wish to simply leave this alone--disentangling two different estates, as this will entail, could be an expensive undertaking in court.


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