Can an executor legally withhold an inheritance from a sibling?

Dear Dave,

My wife and her siblings each inherited about $10,000 when their dad passed away. One of her siblings, who was named executor of the estate, told my wife that she plans to withhold the money from one of their siblings. She said it’s because she thinks she’s financially irresponsible. My wife and I don’t think this is the right thing to do, and we’re wondering if it’s even legal. Can you give us some answers?

Mike

Dear Mike,

You and your wife are correct. What her sibling is planning isn’t right. On top of that, this person also doesn’t have the legal authority to withhold the money.

The reason a person is called the “executor” in these situations is because it’s their sole job to execute the directives of the deceased person that are contained in the will. The executor isn’t a trust officer who gets to decide what’s best. An executor is there to make sure the directions in the will are followed. Period. It doesn’t matter what the executor thinks about the deceased’s wishes or if they agree with them.

When you pick the executor of your will, you should always make sure that person has the honesty and integrity to execute your will. Any executor who tries pulling something like this is liable to be sued by the person from whom they withheld an inheritance. And guess what? The person suing them would win, because the executor will have violated their fiduciary responsibility.

Mike, if you and your wife haven’t already spoken with the sibling who’s the executor, you need to do it now—before this thing gets too far out of hand. Sooner or later, someone in the family’s going to let it slip that one sibling did another one dirty where the will is concerned. Families talk. You know that, and I know that. It will happen.

And right now, this particular sibling-executor is about to create a whole lot of trouble for themselves if they follow through with this dumb idea.

— Dave

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