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trying to honor the deceased's unwritten wishes

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JohnBw

Junior Member
My uncle recently passed, designated me as his executor. He had left his estate to his brother and sister but made his will a long time ago. He had told me just before he passed he no longer wanted them to receive his estate, only a certain amount of cash. He wished to leave it to his niece and had told her so but never got around to changing the will. He had promised her and a couple others a designated amount of cash.
His brother and sister will be wanting to receive the benefits as soon as possible and would probably pay to receive it quickly if they needed to. Is there a way I can explain to them his wishes and tell them if they wanted to honor a few of these , I could get the inheritance to them very quickly ? Or could I tell them if they do not honor his wishes I could drag it put for up to two years? Thanks very much for any help
 


Silverplum

Senior Member
My uncle recently passed, designated me as his executor. He had left his estate to his brother and sister but made his will a long time ago. He had told me just before he passed he no longer wanted them to receive his estate, only a certain amount of cash. He wished to leave it to his niece and had told her so but never got around to changing the will. He had promised her and a couple others a designated amount of cash.
His brother and sister will be wanting to receive the benefits as soon as possible and would probably pay to receive it quickly if they needed to. Is there a way I can explain to them his wishes and tell them if they wanted to honor a few of these , I could get the inheritance to them very quickly ? Or could I tell them if they do not honor his wishes I could drag it put for up to two years? Thanks very much for any help
US law only.

And only written wills are valid instruments to pass on one's assets, NOT verbal instructions that conflict with the will. You must execute the will.
 

latigo

Senior Member
My uncle recently passed, designated me as his executor. He had left his estate to his brother and sister but made his will a long time ago. He had told me just before he passed he no longer wanted them to receive his estate, only a certain amount of cash. He wished to leave it to his niece and had told her so but never got around to changing the will. He had promised her and a couple others a designated amount of cash.
His brother and sister will be wanting to receive the benefits as soon as possible and would probably pay to receive it quickly if they needed to. Is there a way I can explain to them his wishes and tell them if they wanted to honor a few of these , I could get the inheritance to them very quickly ? Or could I tell them if they do not honor his wishes I could drag it put for up to two years? Thanks very much for any help
Well now, hasn't dear old uncle put you in a no lose situation!

Either unc's brother and sister agree to your terms of extortion or you and the niece cut up the loot!

There are places for jerks like you that are beneath contempt. They're called penitentiaries.

Incidentally mister, if you are stupid enough to think this felonious scheme of yours would work, put it in the bag where you keep the rest of your scum. It won't!

Hopefully the brother and sister will not only bring it to the attention of the probate court and have you removed from office, but also the fraud division of the local gendarmes.
 

JohnBw

Junior Member
Well now, hasn't dear old uncle put you in a no lose situation!

Either unc's brother and sister agree to your terms of extortion or you and the niece cut up the loot!

There are places for jerks like you that are beneath contempt. They're called penitentiaries.

Incidentally mister, if you are stupid enough to think this felonious scheme of yours would work, put it in the bag where you keep the rest of your scum. It won't!

Hopefully the brother and sister will not only bring it to the attention of the probate court and have you removed from office, but also the fraud division of the local gendarmes.
thanks for your reply, but i have no dog in this fight and dont stand to gain or lose anything personally. Just trying to do what I feel is morally right
 

HighwayMan

Super Secret Senior Member
thanks for your reply, but i have no dog in this fight and dont stand to gain or lose anything personally. Just trying to do what I feel is morally right
That's great, but it's your uncle's fault for not updating his will.

The will is a legal document. Your conversations with your uncle do NOT supersede it. You and the rest of the family are stuck with it, like it or not.
 

justalayman

Senior Member
thanks for your reply, but i have no dog in this fight and dont stand to gain or lose anything personally. Just trying to do what I feel is morally right
Yes you do. If you are appointed executor you become liable, personally, for breaches of your fiduciary duty to execute probate as uncle designated in his will.
 

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