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A family needs to understand Massachusetts Probate Laws to comprehend the many factors involved in estate administration, including the intricacies involved in their deceased loved one’s estate and maintaining the integrity of the deceased’s will. To ascertain if the executor of the will can change the will, the family must consider several issues.
When a family experiences death in the family, they face many obstacles they must overcome for the benefit of the family union. Often, problems arise with not only a loved one’s personal belongings, urgent expenses, and funeral costs, but also the daunting task of dealing with their loved one’s will. Can the executor of the will change the will? Find out more below.
Understanding the Executor’s Authority
The executor’s primary responsibility is to diligently and transparently uphold the deceased’s wishes to ensure a just probate process.
Executor authority is a critical responsibility in the probate process. The executor plays a vital role in upholding the wishes of their deceased loved one. Therefore, the deceased’s beneficiaries and other loved ones must understand the executor’s role in carrying out their loved one’s desires as written in the will.
The key responsibility of an executor is asset distribution, ensuring proper safeguarding of the deceased’s assets. The executor’s role also includes paying off the deceased’s debts and appropriately allocating residual assets to the beneficiaries, as listed in the deceased’s will.
Upholding Fiduciary Duties as an Estate Executor
At Rockpoint Probate Funding, we understand the many decisions a family must make upon the death of a loved one. Legal terminology can confuse family members who must wade through it to make responsible decisions for the family.
One of the critical tasks the family will face is appointing a family member to serve as executor of the loved one’s will, executing fiduciary duty. Many circumstances can lead to bewilderment when family members must understand the executor’s power.
An executor is responsible for ensuring that they handle their respective estate ethically and dutifully through their loved one’s will. A favorable court ruling through a legal challenge is the only circumstance that allows an executor to modify a deceased person’s will. Executors are ethically responsible for adhering to the will’s directives as is.
Executor Limitations and Power
The state’s legal precedents and applicable laws securely set an executor’s legal limitations in Massachusetts. The fiduciary duties ensure will integrity by ensuring that the executor operates appropriately and keeping beneficiary rights at the forefront.
To that end, the executor is responsible for implementing their loved one’s requests as listed in the will. We must stress that the executor must act transparently, conscientiously, and equitably based on the wishes of the deceased.
Can an executor make changes to a will? Usually not. In certain instances, typically to adhere to a will’s court order or terms, the executor can overrule the beneficiary’s demands.
While this circumstance is allowed, executors are not permitted to modify inheritance disbursements without the consent of the court or the beneficiaries, nor can executors modify any of the terms of the will. The executor must adhere to ethical and legal precedents determined by the will and Massachusetts state laws.
Dispelling Misinterpretations of an Executor’s Authority
The misconception that an executor can change a loved one’s will is false. Our team has encountered family members who believe that executors can independently make changes to a loved one’s will. These false conceptions are often based on what the family members feel their loved one would have wanted or on information their loved one may have communicated while still alive.
We emphasize that an executor cannot modify or amend the deceased person’s will. It is not only unethical for an executor to make changes to their deceased family member’s will, but it is unlawful. Doing so can cause legal disputes that open up litigation and even result in criminal charges.
Another common misconception is that the executor can sue the beneficiaries. Because beneficiaries do not have fiduciary accountabilities to the executor, there are typically no circumstances where an executor can sue a beneficiary. The relationship between an executor and the beneficiaries of an estate does not pose areas of legal conflict that will arise in litigation.
What Happens If an Executor Fails To Comply With the Will?
Any foul play by an executor, such as making unethical changes to a will, can result in legal consequences, including severe charges like embezzlement against state laws if the misappropriation involves public funds or assets. For this reason, it is critical to understand the severity of fiduciary misconduct. Fiduciary misconduct can involve embezzling, hiding, or destroying documents that belong to the deceased — the U.S. Department of Justice archives house detailed information regarding fiduciary misconduct.
The probate process is complex. It can be lengthy, often extending from six months to many years. Because of the time it takes to settle probate, issues frequently arise among the estate’s executor and its beneficiaries. These unfortunate circumstances can lead to fiduciary misconduct.
In the case of executor fiduciary misconduct, probate bonds help protect the beneficiaries, ensuring their and the deceased’s needs are honored.
Seek Financial Relief From Rockpoint Probate Funding
Can the executor of the will change the will? The answer is no. This is just one of the many complex questions you may face during probate, not to mention the countless expenses you may also face.
If you’re struggling to make ends meet while you wait for your inheritance to arrive or navigate a probate court oversight, Rockpoint Probate Funding can help. We offer non-recourse inheritance advances. Chat with us online, fill out our “Let’s Get Started” form, or call (888) 263-8588. Then read our recent blog on understanding probate bonds.
