Can an Executor Decide Who Gets What? - Seth Schlessel

BSPE Legal Marketing Podcast

From Schlessel Law PLLC – In this episode, we tackle the important question, "Can an Executor Decide Who Gets What?" and provide an in-depth look at the executor’s role during the probate process. Contrary to common belief, executors do not have the freedom to decide how assets are distributed among beneficiaries. Under New York estate laws, executors are bound by the terms of the will, which dictate exactly how the deceased’s assets should be handled. This episode explores the legal boundaries of an executor’s authority and explains why it’s crucial to follow the will’s directives to ensure a smooth estate administration.
We also dive into the fiduciary duty that executors must uphold. This responsibility requires them to act in the best interests of both the estate and its beneficiaries, managing assets responsibly, settling debts, and distributing the remaining estate in line with the will’s instructions. Executors are not permitted to use estate assets for personal gain or to alter the terms of the will. If they overstep their authority, there can be serious legal consequences, including potential removal from their role by the Surrogate’s Court or financial liability for any mismanagement.
For beneficiaries, this episode covers key legal rights you have throughout the probate process. Executors are required to provide transparent communication, keep accurate records, and distribute assets fairly. If beneficiaries believe that an executor is not fulfilling their duties properly, they can request an accounting of the estate’s management or, in extreme cases, petition the Surrogate’s Court to remove the executor. Understanding these legal protections helps beneficiaries ensure that the estate is administered fairly and according to the decedent’s wishes.
At Schlessel Law PLLC, we provide comprehensive guidance to executors and beneficiaries alike throughout Long Island and New York. Whether you're an executor seeking clarity on your responsibilities or a beneficiary looking to safeguard your rights, our experienced team is here to help. Tune in to learn more about how working with a knowledgeable Long Island estate planning attorney can ensure the probate process runs smoothly, with every aspect of estate administration handled properly and in accordance with New York law.
Schlessel Law PLLC
34 Willis Ave Suite 300, Mineola, NY 11501, United States
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