What is the name of your state (only U.S. law)? Ga.
Are there any structures, or enforced rules with consequences against not following the wills instruction? Example: A will says that monies are to be divided equally among 3 siblings, bit sibling A takes all the money, or a disproportional share. What is in effect to keep this from happening, and what could be done after the fact?
This is a hypothetical question, not one that I am personally experiencing now.
Thank you.
This is probably more that you may care to know, but in Georgia and in many states the title given to one appointed to administer/execute a will of a deceased person is that of
“Personal Representative”. When there is no will the title is “
Administrator”.
In either case the title carries with it the duties and responsibilities of that of a
fiduciary. * A
fiduciary is one to whom property is entrusted for the benefit of another.
And as tranquility has mentioned to you when that trust is violated, such as in your hypothetical where the personal representative fails to respect the rights of the beneficiaries of the property, they have a cause of action (lawsuit) against the wrongdoer to recover damages or be compensated for the loss.
(Plus, there could be criminal culpability such as embezzlement or felonious conversion.)
Also in the instance you describe the injured heir(s) would have a cause of action against the recipients of the assets under the equitable doctrine of unjust enrichment.
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[*]
Title 53 Section 53-7-1(b) Official Code of Georgia (in part)
"
A personal representative is a fiduciary who, . . . . shall use the authority and powers conferred by law . . . . and by the rules generally applicable to fiduciaries (shall) ACT IN THE BEST INTERESTS OF ALL PERSON WHO ARE INTERESTED IN THE ESTATE WITH DUE REGARD FOR THEIR RESPECTIVE RIGHTS.” (Emphasis added)
