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Can executor decide how money is distributed without consent of beneficiar

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Durendas

Junior Member
What is the name of your state (only U.S. law)? New York

My grandfather died a few months ago, and designated his wife (not my biological grandmother - she passed away quite some time ago and after which he remarried) as the executor of his estate. In his will he left a sizable sum of money to my mother. I have heard from one of my grandfather's wife's friends that she intends to place my mothers inheritance into a trust which will only allow my mother to access a certain amount of it at a time and if possible, only with her consent (she is quite the control freak tbh). My mother has not consented to this action in any way and to my knowledge nothing is stated in the will saying that this is how it should be carried out. My question is whether or not she can legally do this as the executor of the estate, even without the permission of the beneficiary it affects. We are in NY state, Saratoga county to be exact.

Many thanks, any advice or help would be much appreciated.
 


Just Blue

Senior Member
What is the name of your state (only U.S. law)? New York

My grandfather died a few months ago, and designated his wife (not my biological grandmother - she passed away quite some time ago and after which he remarried) as the executor of his estate. In his will he left a sizable sum of money to my mother. I have heard from one of my grandfather's wife's friends that she intends to place my mothers inheritance into a trust which will only allow my mother to access a certain amount of it at a time and if possible, only with her consent (she is quite the control freak tbh). My mother has not consented to this action in any way and to my knowledge nothing is stated in the will saying that this is how it should be carried out. My question is whether or not she can legally do this as the executor of the estate, even without the permission of the beneficiary it affects. We are in NY state, Saratoga county to be exact.

Many thanks, any advice or help would be much appreciated.
sigh...

Your mother (NOT you) should discuss this calmly with the wife of Grandfather.
 

Durendas

Junior Member
sigh...

Your mother (NOT you) should discuss this calmly with the wife of Grandfather.
I have not discussed this with his wife at all, nor do intend to. My mother asked me if I could help her with this question so I came here to ask on her behalf with her permission (she is technologically challenged so I often help her with these kinds of things). The friend of my grandfathers wife who informed me also told my mother the same thing about my grandfathers wife's intentions and so she wanted to know whether she would be within legal right to do so.

My mother is quite calm and non-abrasive so that shouldn't be a problem, but my grandfather's wife is almost the complete opposite and from what my mother tells me often resorts to deflection, evasion and/or intimidation when she attempts to discuss the topic.
 

LdiJ

Senior Member
I have not discussed this with his wife at all, nor do intend to. My mother asked me if I could help her with this question so I came here to ask on her behalf with her permission (she is technologically challenged so I often help her with these kinds of things). The friend of my grandfathers wife who informed me also told my mother the same thing about my grandfathers wife's intentions and so she wanted to know whether she would be within legal right to do so.

My mother is quite calm and non-abrasive so that shouldn't be a problem, but my grandfather's wife is almost the complete opposite and from what my mother tells me often resorts to deflection, evasion and/or intimidation when she attempts to discuss the topic.
She can do that if your grandfather's will allows for her to do that. She cannot do that if your grandfather's will does not allow her to do that.

If the money involved is sufficient to warrant it your mother might want to get a consult with a local attorney and let the attorney deal with step grandma.
 

Taxing Matters

Overtaxed Member
What is the name of your state (only U.S. law)? New York
My question is whether or not she can legally do this as the executor of the estate, even without the permission of the beneficiary it affects.
She has to follow the terms of the will. If the will simply gives the money to your mother outright then the executor may not put it into some trust instead. So what exactly does the will say? That is what will answer the question.
 

HRZ

Senior Member
In general an executor is required to follow the terms of the will.

Get a copy of the will if Mom does not already have one ...read it with care . Once filed they are public records .

Probate is often a lot slower than one might like ...sit back a bit and wait . No need to rush to employ talented help....just remain watchful for now.

Does the will leave a specific sum to Mom or a specific share or % or what ?
 

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