Can the Executor of a Will Take Everything? | RMO Lawyers

Generally speaking, the executor of a will cannot take everything simply based on their status as executor. Executors are bound by the terms of the will and must distribute assets as the will directs. This means that executors cannot ignore the asset distribution in the will and take everything for themselves. However, if the executor of the will is also the only beneficiary named in the will, they can take the estate assets after debts and taxes are paid.
0:00 Introduction
0:01 Can an Executor of a Will Take Everything?
1:09 Can an executor take money from the bank?
2:19 Can an executor sell property of the estate?
2:49 What is an executor of a will?
3:20 Can the executor of estate be changed?
FULL ARTICLE: rmolawyers.com...
Can an executor of a will take everything?
No. An executor of a will cannot take everything unless they are the will’s sole beneficiary.
An executor is a fiduciary to the estate beneficiaries, not necessarily a beneficiary. Serving as an executor only entitles someone to receive an executor fee. While the executor fee will come from the estate funds, it is a legal entitlement to be paid for their time and effort as approved by the court and not an inheritance.
When the executor is also a beneficiary of the will, they are entitled to receive their inheritance on top of the executor fee. However, the executor cannot modify the terms of the will. As a fiduciary, the executor has a legal duty to act in the beneficiaries and estate’s best interests and distribute the assets according to the will. This means that an executor cannot allocate all assets to themselves unless they are the sole beneficiary of the will or if the will expressly gives them the power to do so, which is uncommon.
Can an executor take money from the bank?
An executor can transfer money from a decedent’s bank account to an estate account in the name of the executor, but they cannot withdraw cash from the account or transfer it into their own bank account.
The estate’s assets do not belong to the executor. They belong to the estate. As a fiduciary, the executor must manage the money in the estate account, but they cannot take it for themselves. Even if the executor is also a beneficiary, they cannot take funds directly from the decedent’s account as their “inheritance.” They must wait until the estate is closed and funds are distributed to beneficiaries upon court approval of a petition for final distribution.
Can an executor sell property of the estate?
Yes, executors can sell the estate’s property, with some limitations.
In California, a probate referee will be appointed to appraise the estate assets, including personal property, securities and real estate. The executor may be able to sell the estate’s personal property for 90 percent or more of the appraised value without receiving approval from the court or the beneficiaries. While the executor may not need to get approval from the beneficiaries, executors should provide beneficiaries with notice of the sale.
Can the executor of estate be changed?
Yes, an executor of an estate can be removed under certain circumstances in California. According to California State Probate Code §8502, an executor can be removed when:
- They have wasted, embezzled, mismanaged, or committed a fraud on the estate, or are about to do so.
- They are incapable of properly executing their duties or are otherwise not qualified for appointment.
- They have wrongfully neglected the estate, or have long neglected to perform any duties.
- The removal is necessary to protect the estate or interested persons.
- There is another cause for removal under state statute.
If a question is raised about an executor’s qualifications, the court will hold a hearing to decide whether the executor should be replaced and who is best suited to serve as executor. Interested parties, such as the deceased’s spouse, beneficiaries and heirs, creditors, and other potential executors, have a right to participate. After the hearing, the judge can remove an executor if they agree there are grounds for removal.
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[@richardandre866]

If an executor is being evasive or refusing to inform a beneficiary and is taken to court, can a judge make the estate pay the legal fees and thus reduce the amount of the other beneficiaries’ portion of their inheritance?

[@24266brian]

Who check the Executor so does not repoff Beneficiaries after the estate has been closed

[@sheilakirby5616]

OMG MY FRIEND *** I HAVE SO MANY QUESTIONS !!! BUT I AM ABSOLUTELY UNABLE TO AFFORD A LAWYER ***

[@sherryridge6576]

Sorry about my spelling I’m a bit unnerved by all this

[@rodneyjones3078]

What happens to a deed if the executor 7 years later after settlement of estate sold his half of estate , but did so as executor and individually, they claimed he sold not his half was sold but from the entire estate, this is contrary to the will, which had long been public record

[@jimmoravec1326]

I don’t mean to correct you again, I know it seems like a running theme. The executor/ trustee pretty much can do whatever they please if a beneficiary cannot afford to hire legal counsel to challenge the executor. Sure the executor/trustee has a fiduciary responsibility to follow the instructions of a will or trust also keeping the beneficiary’s best interest in mind. But if they fail the law isn’t going to jump in and save the day. A beneficiary cannot file anything with the probate court without having legal representation. You really need to be more blunt and just say that if you don’t have legal representation you will not get anywhere.

[@mrsaimeeturner6649]

Can a family member/executor/beneficiary live in the home which is part of the estate until it is sold?

[@user-ul8fv6ik7n]

I know that we own a little bit of Wyoming,Montana, go across Idaho and some of Oregon

[@sherryridge6576]

I need help my mom past away and she had a will . When she got sick she came down with i’ll timers and dementia my Brother came and got her would not let me go see her . Or talk to her on the phone she was sleeping she didn’t even know who she was lit alone me some how she made me Brother pow of attorney and left him everything trying to say she had no money now saying she has no well but I don’t believe it because I know she had a wheel now they’re trying to say that all of her jewelry is missing and that me and my sister took it well here recently they made a police report and blamed my other shifter I haven’t stepped foot in my moms house in approximately three years so I understand what he’s trying to do what I don’t understand is what I can do can you help ps I know she had life Insurance I I know she had quite an amount of money in her bank account it shouldn’t be hard who took it out to find out and when when it was done I can prove she had all timers when the will was changed I can prove she had all timers at that time but the original well he’s probably destroyed your property is always already in his nameWhat can I do He thinks the law is Dumb and he got it all

[@JudgeCommitee-ck5wq]

Good morning your oldest clients use the NICER Traditional Law Model putting other’s needs ahead of your own. And NICER New Law Model Arbiter Validation Triple Quit Claim Title Deed Defense Registration Administered Index security system when they go global in April.

[@Casca1997Berserk]

What if the executor is also the stepmother/surviving spouse? Who's trying to claim that there is no will, stated that they refuse to probate any of the deceased parent's estate until after they sell everything, withholds most information from beneficiary's requests to exercise their rights. As well as executor/stepparent highly secretive and suspect in their actions and only allows their own adult children & another who isn't a direct descendant but only them to handle all of my deceased parent's estate with them, and descendant is still being shunned?

[@marcopolo9446]

At the end of the video he said to email them and they will give you a free consultation

[@ceciliomurrietta9962]

Why if you are the best there is are you afraid of apossing this judge and wannabe trusty he wasvapionted falsely all there actions are cricket and I have documentation of false dispursments of moneys for example retiring a case twice in order to have creditors not showing were he spends money no accounting untill the las minute to take and fabricate revenew handing a no brainet I've already dun the friend work on top of I've bin living it what I would like to know is how dangers is this person the judge because until now everyone has stand down on account of this judge witch I think is only fair that I be told because coming from LA what business does he have trying a case in orange County for the last five years and plan on putting in another five years they told me to my face he charge 500.00 dollars for hand dilivering a importan letter to my dad on Nov.23 ,20/20 my dad was in the hospital for two weeks before the dubn pop then murdered on beenu on nov.21/20 .

[@eileenshea586]

My mother died recently. She gave me a family Bible 20 years ago. My brother has informed me that the Bible has been addressed in her will to go to him. He is the executor for my mother. What rights do I have to keep the Bible?

[@kasparovthegodofwar]

"bible" 🤨

[@FreeJulianAssange23]

My aunt says she is not going to pay my brother or I and if we try to make her she says she will lie and say we owe her for renovation expenses. Our dad died and this money would have been his.

[@ceciliomurrietta6639]

What if probate has not bin issued and no will and has bin dead for 20 month and bankruptcy was lifted or ended August 5 so I was told and trustee is getting 140,000.00 a month awarded from the judge now trustee said he we be returning the business in 12 months I'm blind to everything for he will not give notice on enything until it' already had past including court dates

[@nidasalvador9705]

Thank u to mention

[@ceciliomurrietta6639]

The trustee is of no relation to me the only child to the estate he was pick by a judge in the chapter 11 bankrupcy

[@TheLorraine77]

Well,she did. She also never spoke to me about any of the money or the case ever again

[@TheLorraine77]

She stole from me the only beneficiary Which hurt my daughter

[@TheLorraine77]

No will

[@briellehunter7233]

But once they do theres nothing you can do.

[@Circuit.9]

this guy is a liar the executor can take everything. one way the executor takes your money and lesves. is not a crime. its only a civil lawsuit.

[@helenatempest1774]

I’m an Executor I can take everything which I surely deserve I took care of my mother for 34 years my brother would pop in 1 a month 10 minute visit 🤨Gold digging shithead! Now I had to put her in a nursing home which I hate seeing her in there but I had no other choice due to having a nervous breakdown and injuring my back from a terrible car accident! I’m lost with all of this just completely lost! I call my mothers lawyer I leave messages and he never calls me back and I’m also 1/2 Power of Attorney! Hard to trust Lawyers. Mind Boggling 🤯