What is the order in which a Will is executed? Can the executor place conditions that are not in writing?iar

Asked over 1 year ago - San Francisco, CA

Can the executor pay off beneficiaries out of the ranking order?

Attorney answers (4)

  1. Christine James

    Pro

    Contributor Level 20

    6

    Lawyers agree

    Answered . It depends upon what you mean "ranking order" The executor is supposed to follow the terms of the will. If there are people who are entitled to priority payment such as creditors a person who gets a specific gift such as a sum of money, those will be paid first. If the beneficiaries are all residual beneficiaries, there is no order per say but the executor has the duty to treat them all impartially.

  2. Steven M Zelinger

    Pro

    Contributor Level 20

    4

    Lawyers agree

    Answered . Do you mean, in what order does the executor carry out the terms of the will? In that case, practically speaking the executor will typically take care of tax and debt issues first and that can take awhile sometimes because creditors have a significant period of time to make claims. That's not to say that interim distributions to beneficiaries can't be made if there are ample funds. Also, the executor cannot put conditions on an inheritance that are not there, they have to follow the will - but there are certainly situations when the term's of a will allow the executor to refrain from making payments in certain situations.

    This is not legal advice nor intended to create an attorney-client relationship. The information provided here is... more
  3. Michael D. Labrum

    Contributor Level 9

    1

    Lawyer agrees

    Answered . The Will dictates how beneficiaries are paid, not the executor. Consult with a Probate Attorney concerning any issues you may have with executor's actions.

    The Law Offices of Michael Labrum (Offices in Ventura and Westlake Village; Serving Ventura, Los Angeles and Santa... more
  4. Lee Alan Thompson

    Contributor Level 20

    1

    Lawyer agrees

    Answered . The executor cannot place conditions, the executor has to follow what IS in writing.

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