Long Island estate planning attorney Seth Schlessel (https://www.schlessellaw.com/can-an-executor-decide-who-gets-what/) of Schlessel Law PLLC addresses a frequent misunderstanding in estate administration: whether an executor can decide how to distribute assets among beneficiaries. According to Long Island estate planning attorney Seth Schlessel, the executor must follow the directions stated in the will and cannot independently determine who receives what portion of the estate. The law in New York clearly limits an executor’s discretion, ensuring that the decedent’s wishes are honored precisely.
Understanding the legal responsibilities of an executor is essential, especially during the probate process. Long Island estate planning attorney Seth Schlessel explains that executors are required to carry out the instructions in the will, manage estate assets, and distribute them exactly as designated. Executors cannot make personal judgments or reassign items such as homes, bank accounts, or heirlooms. The guidance of a Long Island estate planning attorney like Seth Schlessel can prevent missteps that may result in legal challenges or delays.
The role of an executor often becomes a source of confusion during estate settlement. Long Island estate planning attorney Seth Schlessel makes it clear that the will itself, not the executor, determines who inherits what. “The will already decides who receives each asset, so the executor does not make that call,” states Seth Schlessel. The presence of a clearly drafted will, combined with adherence to legal requirements, ensures that the estate is handled fairly and with integrity under New York law.
Executors in New York must complete several core duties, including collecting estate assets, paying outstanding debts and taxes, and filing required legal documents. At every stage, actions must comply with the terms of the will and applicable New York statutes. Any attempt to act outside of these boundaries—such as giving one beneficiary more than what is written in the will—can result in removal, legal liability, or other court-imposed consequences.
When unclear language appears in a will, such as vague phrasing or incomplete instructions, New York law offers a resolution. A legal petition known as a “construction” petition can be filed in Surrogate’s Court to determine the correct interpretation. Seth Schlessel advises that this formal legal step provides protection for the executor and helps ensure the estate is distributed according to the true intent of the deceased. Legal support can also help minimize delays and family conflict.
Executors must also navigate potential disagreements among beneficiaries. As part of the probate process, an executor may need to resolve disputes or seek court guidance when disagreements cannot be settled informally. Open communication, accurate recordkeeping, and consistent legal compliance are all necessary to avoid allegations of bias or misconduct. Executors are expected to act with transparency and fairness throughout the process.
There are also legal rights granted to beneficiaries. Beneficiaries may request a full accounting of estate activities, file complaints in court, or petition for removal of an executor who fails to perform duties in line with the law. According to Seth Schlessel, executors must recognize these rights and act accordingly. Proper legal guidance can ensure compliance and reduce the likelihood of contested proceedings.
Misconceptions about executor authority are common. Many believe that executors have wide discretion to modify the terms of the will or redistribute assets based on perceived fairness. Long Island estate planning attorney Seth Schlessel clarifies that this is incorrect. Executors must distribute property exactly as the will directs. Any deviation without legal approval may lead to serious consequences.
Executors are permitted to receive a standard fee for their service, but cannot personally profit from the estate beyond what is legally allowed. Fiduciary responsibilities require that all decisions be made in the best interest of the estate and the beneficiaries. Schlessel Law PLLC regularly advises clients on these issues, helping ensure that the estate is administered without conflict or error.
Proper estate planning, supported by professional legal guidance, helps ensure that a person’s final wishes are carried out in accordance with New York law. Seth Schlessel continues to support Long Island families with estate planning services that promote clarity, structure, and lawful estate administration.
Families navigating probate or preparing a will can benefit from understanding the limitations and duties of executors. Clear legal guidance helps prevent unnecessary complications, protects all parties involved, and preserves the intentions of the decedent throughout the estate process.
About Schlessel Law PLLC:
Schlessel Law PLLC is a Long Island-based law firm focused on estate planning and elder law. Led by Managing Member Seth Schlessel, the firm offers individualized legal services designed to help families prepare for the future and resolve estate-related legal matters. Seth Schlessel brings a practical, client-centered approach to the challenges of estate administration and planning.
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