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-   -   Does executor have the right to hold money from siblings that is owed to them (https://www.askmehelpdesk.com/showthread.php?t=799781)

  • Aug 21, 2014, 10:55 AM
    dacaldwell
    Does executor have the right to hold money from siblings that is owed to them
    In virginia, the executor of an estate has access to a large amount of money to distribute to the siblings. The executor has decided one sibling can't control his money so they are distributing money to him $2000 a month instead of distributing the same amount as the others received. Is this legal?
  • Aug 21, 2014, 10:58 AM
    ScottGem
    Depends on the terms of the will and the power invested in the executor. It certainly can be legal under the right conditions.
  • Aug 21, 2014, 11:03 AM
    smoothy
    I know several people that have written their wills a specific way for that very purpose. Its meant to help them, not punish them.
  • Aug 21, 2014, 01:35 PM
    ebaines
    As others noted it can be legal, depending on circumstances. But if the decedent left no instructions to to do this, and if the heir is of legal age is not deemed incompetent, the executor has a duty to distribute the assets of the estate in a timely manner consistent with prudent management of the estate. One issue is that if a trust has not been created to hold the money until its distribute to the heir in question then the executor has to keep the estate open and not finish probate until the assets are finally all doled out. If distributing $2K/month means the estate will have to stay open for more than 6-12 months I think it's a problem.

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