If I am the executor of the will and it states in it that half of the assets go to me and the other half to a family member, can

An executor has duties to the estate and to all beneficiaries. An executor has no right to hold estate assets, other than to properly administer the estate (pay its debts and disburse its assets). An executor could be sued if he/she does not distribute the assets as dictated in the will to all the beneficiaries.

DISCLAIMER: This is not legal advice and should not be relied upon as such. This answer does not create an attorney-client privilege.

Dear Vancouver,

It's unclear what you mean when you say "I am the executor of the Will." Do you mean that the Will names you as Executor? If so, then WA law requires you to file the Will with the Court within 40 days of Decedent's death. Furthermore, for you to gain legal authority to act as Executor (which you do not now have merely by being named Executor in the Will), you need to petition the Court to admit the Will to probate and appoint you --- legally --- as its Executor & as Personal Representative of the estate.

Once appointed as Executor/PR by the Court, you then have the duty to hold all of Decedent's assets for the benefit of the beneficiaries provided for in the Will, here, not only for you but also for the named family member.

Given your situation, I would urge you to seek legal counsel. You could easily find yourself personally liable to the other family member were you not to follow the law.

Sincerely,

Richard Wills, WSBA 19720
www.washington-probate.com

Another good reason for you to review this with an attorney is that in many instances some assets will be "probate assets" and subject to the terms of the will and other assets will be "non - probate " assets and pass independently from the will.

The distinction is often confusing, especially if this is the first time you have had to think your way through these issues.