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Can a executor of a will change the will to his benefit.

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LdiJ

Senior Member
Can executor of a will change the will to his benefit without discussing it with the beneficiary of the will?
An executor cannot CHANGE the will at all, even with the approval of the beneficiary. Can you be more specific about what the executor is doing?
 

justalayman

Senior Member
As was stated, the executor cannot change the will...period BUT

there are often issues where the will ambiguous enough the executor has the authority to make decisions regarding assets.

An example;

Bob dies. His will is simple. Joe manny and sue each receive 1/3 of his net estate.

Since there are no specific assets listed to be given to any particular legatee/devisee, the executor can generally divvy up the assets as s/he chooses as long as each legatee/devisee receives enough assets to be worth 1/3 of the total net estate.
 

LdiJ

Senior Member
As was stated, the executor cannot change the will...period BUT

there are often issues where the will ambiguous enough the executor has the authority to make decisions regarding assets.

An example;

Bob dies. His will is simple. Joe manny and sue each receive 1/3 of his net estate.

Since there are no specific assets listed to be given to any particular legatee/devisee, the executor can generally divvy up the assets as s/he chooses as long as each legatee/devisee receives enough assets to be worth 1/3 of the total net estate.
I agree. However, that is not changing the will at all, that is merely administering it. That is why I asked the OP to be more specific about what the executor was doing.
 

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