General Question

Cooldil17's avatar

What happens if an executor does not follow through, or deliberately refuses to go through the set actions in a will?

Asked by Cooldil17 (482points) November 17th, 2009

What happens if the person or people you pick in your will deliberately disobey or refuse to follow through on your will. Is there any legal repercussion anyone can take against them? How does that all work because you aren’t alive to enforce it.

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14 Answers

SpatzieLover's avatar

This is where lawyers and judges and probate court come into play.

Psychedelic_Zebra's avatar

I was going suggest having them shot, but that probably isn’t practical.

The_Compassionate_Heretic's avatar

“executor” made me think of execution. it’s late here

The attorneys would enter the scene and debate the legality of the will.

YARNLADY's avatar

The next of kin would have to sue.

PandoraBoxx's avatar

Depending on what you mean by “not following the will,” the executor can do jail time.

janbb's avatar

A friend of mine just went through this. He and his sister were co-executors and she was being obstructionistic. He had to sue and she was just removed from executorship.

filmfann's avatar

I don’t think you need to sue. I think you can just appear before the judge in the matter, and appeal to him.

YARNLADY's avatar

@filmfann People do not “appear before the judge” without filing a suit against the other party. You don’t just walk into a court room and say, “I want a judge to decide for me”.

filmfann's avatar

True, but if you catch the judge while he is listening to the executors lawyer, you can inject yourself into the proceedings.

YARNLADY's avatar

@filmfann executors do not go through a court proceeding. They simply make a bank account for the estate, and then distrubute the assets. There is no judge or court involved. The final distribution papers are filed with the court, but there is no lawyer or judge involved, unless someone files a lawsuit against the executor.

janbb's avatar

@YARNLADY Which was the experience my frined had to go through so I concur

filmfann's avatar

@YARNLADY Thats funny. When I was executor for my Mom’s estate, we did.

SpatzieLover's avatar

@filmfann It depends on the state you reside in. In Wis, there’s no need for probate court unless an estate is over a certain value…i think it’s at a million bucks here now.

YARNLADY's avatar

@filmfann Oh, I see. You had to go through the probate court. I forget different states have different laws. I was executor for my parents estate in Colorado, and my Aunt in California, and neither one of the estates was big enough for probate.

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