Executor Beneficiary Things Without Consent
Description
How to fill out Release And Exoneration Of Executor On Distribution To Beneficiary Of Will And Waiver Of Citation Of Final Settlement?
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FAQ
If the executor hasn't notified you about the death or shown you the will within a reasonable amount of time ? or if they aren't keeping you in the loop about how probate is going, this may signal a lack of honesty on the executor's part.
When that happens it can raise the question: can a beneficiary designation be contested? The short answer is: yes. In Keul v Hodges Blvd Presbyterian Church, a Florida Court of Appeal allowed a pay-on-death designation in favor of the deceased's caretaker to be invalidated based on a claim of undue influence.
As mentioned earlier, there are certain asset types that are passed by beneficiary designation, overriding the Will. Therefore, an executor cannot override a beneficiary designation, unless specifically ordered to do so by the court. However, be careful not to confuse this with a beneficiary of a Will.
The Will will also name beneficiaries who are to receive assets. An executor can override the wishes of these beneficiaries due to their legal duty. However, the beneficiary of a Will is very different than an individual named in a beneficiary designation of an asset held by a financial company.
If a beneficiary requests access to financial institution statements and the executor refuses to provide them, the beneficiary can take legal action. They can follow the court for an order compelling the executor to reveal the requested information.