November 24, 2014

Question

I have some concerns about my dad's will that my brother was the executor for , i was next in line if my brother was not able. However, i have some questions about the will and my brother refused to answer and become defensive and nasty when i ask him. I was not sure if the attorney who executied my father's will is under any obligation ethically to enforce the parameters of the will.

Answer

It may be out of respect for your father's wishes that the provisions of the will are not disclosed to you by your brother, the executor, while he is still alive. Ultimately, you'll find out when your father passes away. The attorney who drafted the will doesn't "enforce" the will, the Surrogate's court does. If you go to the attorney looking to see what your inheritance is, he may well cite your father's wishes that it not be disclosed while he is alive and refuse to disclose it to you. You really should let this go. If your father doesn't want you to know what's in his will, it's really none of your business.


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