Who's decison is it?

3 Replies

Hey BP family if the person who the property was left to in the will different then the fiduciary of the will which one gets to decide what to do with the property thanks.

By "fiduciary of the will"  do you mean the executor?  If so then that person is in charge of making sure the wishes of the deceased, as expressed in the will, are carried out.  If the will states a person is to receive the property, they get it.  The executor cannot say "nope, I'm giving it to someone else."

If you mean something else, please explain.  Haven't heard the term "fiduciary of the will".

Let me add, not an attorney, not an accountant.  If you're involved in a dispute about a will you may well need an attorney.

Think of this as a title problem for the moment.

I agree with @Jon Holdman  that the query is a bit confusing; it could be asked differently.

Since I doubt if your name is really @NA NA  and you hide behind an alias without a photo, you'll get my generic answer:

"it depends"

If you mean that a deceased person died owning real property, presumably in CA, and a written will naming one person to serve as the executor with directions that another natural person or entity shall received the property, the law is pretty clear.

'Title transfers immediately upon death subject to the administration of the estate'.

That means it goes to lawful beneficiary pursuant to the paperwork. 

The person named in the will has to agree to be the executor, cooperate with the probate process, file and obtain capacity, powers and authority with the court, and judge determine the will to be valid in order for said named executor to obtain standing to sell or distribute after satisfaction of creditors, noticing and cost of administration.

Since you tell us so very little facts or your position in the matter, that's about all you're going to get without spending your hard-earned money on an attorney.

The executor / executrix / administrator of the will has the fiduciary duty under the Last Will and Testament. They don't "decide"...they follow out the wishes exactly as defined in the Will. 

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