Does the executive of a will have to disclose how much money the deceased had.
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Does the executive of a will have to disclose how much money the deceased had.
My aunt passed away and my brother was the executive of the will. He has
kept all the information about the will to himself. Does he have to share
the details of the will with other family members like how much money the
deceased had when she passed???
Asked on March 24, 2018 under Estate Planning, Illinois
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
He does not necessarily have an affirmative obligation to do this: his legal obligation is to accurately and with reasonable care carry out the instructions in the will (e.g. make sure each beneficiary gets his/her share). However, if any beneficiaries suspect the executor is NOT following the will, or has carelessly lost or stolen (or given to someone not supposed to get them) assets or money from the estate, that beneficiary can bring a legal action for an "accounting": in that legal action, the executor will have to "account" for his/her handling of the estate and show that the money is going where it should; in the course of that lawsuit, the estate's assets will have to be disclosed. So the executor does not need to volunteer this information, but it is obtainable in a lawsuit. If you want to explore the option of a lawsuit, consult with a probate law attorney.
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