What is the name of your state (only U.S. law)? OH
Can an executor make heirs pay for bequeathed items? Background: mother recently died, left a simple will; one executor (son); five heirs total (her children). She has no debt/bills after funeral expenses (now paid) and final estate atty fees; she lived frugally and owned her home outright. She had much liquid cash at death due to inheritance from her 2nd husband who passed years ago (low six figures). Rest of her estate consists of household goods/personal effects, most found so low in value the estate appraiser didn’t bother valuing them (“yard sale value”). Most of these have only sentimental value to the heirs. Her home is in separate trust and not being probated.
We have the will, which has a basic executor appointment with no special privileges; no power of appointment. There is a short list of bequeathed items in the will, then a basic short residuary clause stating estate remainder be given to her children (listing all five) with no special instruction/s; exact language was "rest and residue of estate both real and personal" be “given, devised and bequeathed” to them. No statement of equal division or distribution. She had verbally said often she expected her children to go through her things after death and to divvy up her personal belongings leftover after bequests.
Executor (my brother) is demanding the heirs/children pay for bequeathed items that were left to them specifically in her will; they must pay appraised value upfront or otherwise it will be deducted from their inherited cash portion without consent. If an item was unappraised due to low value, he will judge and assign it a value to charge. Strangely he is NOT charging her grandchildren or family friends for their bequeathed items, we assume by reason that they don’t have any cash waiting in the estate to cover; they receive their items gratis with no trouble. Only heirs/children are made to pay. There is absolutely nothing in her will allowing or implying this should happen.
Additionally he’s announced that “residuary” items (leftover after bequests) will also be handled in the same manner, via payment to the estate via deduction from cash share. Anything not “bought” will be sold at yard sale or donated to charity for free. ie. he wants to charge my sister $2 for an old snow shovel she wanted; if she doesn't buy it it will be donated to Goodwill to a stranger for free.
We’re beside ourselves as we firmly know it’s contrary to mother’s intent and wishes. He so far has only stated he has vague “legal reasons” (no explanation) for his demands and is no longer responding to inquiries or communications from us. We're in process of obtaining legal advice.
Can an executor make heirs pay for bequeathed items? Background: mother recently died, left a simple will; one executor (son); five heirs total (her children). She has no debt/bills after funeral expenses (now paid) and final estate atty fees; she lived frugally and owned her home outright. She had much liquid cash at death due to inheritance from her 2nd husband who passed years ago (low six figures). Rest of her estate consists of household goods/personal effects, most found so low in value the estate appraiser didn’t bother valuing them (“yard sale value”). Most of these have only sentimental value to the heirs. Her home is in separate trust and not being probated.
We have the will, which has a basic executor appointment with no special privileges; no power of appointment. There is a short list of bequeathed items in the will, then a basic short residuary clause stating estate remainder be given to her children (listing all five) with no special instruction/s; exact language was "rest and residue of estate both real and personal" be “given, devised and bequeathed” to them. No statement of equal division or distribution. She had verbally said often she expected her children to go through her things after death and to divvy up her personal belongings leftover after bequests.
Executor (my brother) is demanding the heirs/children pay for bequeathed items that were left to them specifically in her will; they must pay appraised value upfront or otherwise it will be deducted from their inherited cash portion without consent. If an item was unappraised due to low value, he will judge and assign it a value to charge. Strangely he is NOT charging her grandchildren or family friends for their bequeathed items, we assume by reason that they don’t have any cash waiting in the estate to cover; they receive their items gratis with no trouble. Only heirs/children are made to pay. There is absolutely nothing in her will allowing or implying this should happen.
Additionally he’s announced that “residuary” items (leftover after bequests) will also be handled in the same manner, via payment to the estate via deduction from cash share. Anything not “bought” will be sold at yard sale or donated to charity for free. ie. he wants to charge my sister $2 for an old snow shovel she wanted; if she doesn't buy it it will be donated to Goodwill to a stranger for free.
We’re beside ourselves as we firmly know it’s contrary to mother’s intent and wishes. He so far has only stated he has vague “legal reasons” (no explanation) for his demands and is no longer responding to inquiries or communications from us. We're in process of obtaining legal advice.