Cashing a CD
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Cashing a CD
A member of my family was the executor of my grandmother’s estate, which was settled and everything
Asked on November 12, 2018 under Estate Planning, Iowa
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Yes, the granddaughter could sue the executor for the money. An executor is obligated to follow the terms of the will and has a legal duty (called a "fiduciary duty") to act in the interests of the heirs and beneficiaries and not engage in "self dealing," or benefitting herself at the expense of those who are supposed to benefit. A lawsuit would be the only way to make the executor return the money to the granddaughter.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.