Executor of will but see issues

Steve1212

New Member
Jurisdiction
Illinois
Today a friend of mine with no family/children gave me the honor of being executor on their will. She told me that she is leaving half of the estate to myself and to use to split any portion with my brother if i wanted,40% to the church, and 10% for the individual who finds homes for all her pets (18 of them)

The issue is after i read the will i see many areas for concern. My biggest concern is i have seen people fight over wills and contesting verbiage and truly want what is best, fullfils her wishes, and no one questions intent. My biggest concern is ever getting into a fight legally or just personally with family over misinterpretations(the way the will reads it seems like it must be 50/50 split between my brother and i). The part that lists assets for myself reads exactly "50% of the entire estate i am leaving to xyz(me) and/or (brother).

i called her and said that is perfectly good with me i was likely going to just split 50/50 with (brother), and she said no i put that there incase something were to happen to you it would go to your brother. She said since you(ie me) are the executor then you would decide that split. After speaking w/ an attorney that is not the case, the way it is drafted if i did not split equal id lose a legal battle as the language does indicate the 50% estate assets is split between brother and i. The other issue is 10% of estate goes to the indivdual who finds a home for her many pets. Again the concern is I am happy to ensure i see who is responsible (i assume a vet friend of hers or someone i can find to place each pet) and ensure that they get 10%, but since the will just says the person responsible gets 10% i am not comfortable someone will not dispute who was responsible, so i would rather her designate myself or someone else to have sole discretion of determination and on the distribution of the 10% to that person or persons.

now here is my quandary… i dont care about splitting with my brother in the slightest, and the pet issue is not the biggest, but i do not know if i should bring up and say "can you please make sure you spell out the items of concern so i fullfill what you want, and make sure no room for contesting", which scares me bc anyone asking someone to change their will to clarify their portion just sounds weird and makes me uncomforitable as i try to always be a decent human being and i dont ever want to come off like i am out for myself…or do i just let it be, split 50/50 and tell my brother she wanted it this way and hope no one ever contests the pet issue and i just deal with later to the best of my abilities the person i think helped find the pets homes the most(prob a vet friend of hers, or multiple ones, but thats why i feel it has to be clarified in writing who picks that)

I just feel weird bringing up issues on a sensitive topic, but based on all the unknown scenerios, families fighting thinking someone stole, etc… i just would feel so much better having it all clarified while she is young, healthy, and in sound mind to leave no room for misinterpretation now or later in writing, but I overthink everything and not sure if it is worth it and its ok as is.
 
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You haven't asked a question...

The only thing I can think your "question" might be is whether or not you should talk to your friend about the wording of the will. Since you don't care what happens, then go for it...but it's not a legal question.
 
You haven't asked a question...

The only thing I can think your "question" might be is whether or not you should talk to your friend about the wording of the will. Since you don't care what happens, then go for it...but it's not a legal question.

Thanks, my question is legal advice on the scenerio. When it comes to someones personal will, i have seen families wrecked over internal fighting and interpretation faught in courts on all aspects of wealth distribution. This is my biggest fear as i dont want my life to be absorbed in outside complications from a will. This will however is slightly different bc my portion i am perfectly fine with splitting, and the unclear definition of person finding homes for her pets(10%) goes to a 3rd party, so any issues or contesting on the recipient of that is between two parties claiming they are the entitled party right? I think that means that don't believe comes with personal liability or reason for concern of the unknowns. Due to the sensitive nature of a will is my concern of wanting to ask her to spell it out so no one has to interpret off this paper is worth while or is my exposure in anything as an executor nothing as long as i split my share 50/50 and a null
Issue.

Thanks in advance
 
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Thanks, my question is legal advice on the scenerio. When it comes to someones personal will, i have seen families wrecked over internal fighting and interpretation faught in courts on all aspects of wealth distribution. This is my biggest fear as i dont want my life to be absorbed in outside complications from a will. This will however is slightly different bc my portion i am perfectly fine with splitting, and the unclear definition of person finding homes for her pets(10%) goes to a 3rd party, so any issues or contesting on the recipient of that is between two parties claiming they are the entitled party right? I think that means that don't believe comes with personal liability or reason for concern of the unknowns. Due to the sensitive nature of a will is my concern of wanting to ask her to spell it out so no one has to interpret off this paper is worth while or is my exposure in anything as an executor nothing as long as i split my share 50/50 and a null
Issue.

Thanks in advance

If it were me, and someone shared their will with me because I was nominated as administrator, I would share my concerns. Beyond that, we can't suggest how the will be drafted. Your friend should speak to an attorney for assistance.
 
Many of us have been on legal websites for years and have seen the havoc often caused by a poorly written will.

That she is leaving you half her estate and nominating you as executor implies a great deal of trust in your friendship and abilities.

Your only question appears to be whether to bring the issues to her attention.

I'd go with yes. You would be doing her a solid.
 
a friend of mine with no family/children

This is oddly worded. I assume this guy is not married, and it's clear that he has no children. I'll also assume that he has no grandchildren from predeceased children. What about his parents? Siblings? Grandparents? Aunts/uncles? Everyone has "family;" it's just a matter of how closely/distantly related.

My biggest concern is ever getting into a fight legally or just personally with family

In the very first sentence of your post, you told us that your friend has "no family." So...with what "family" do you envision getting in a fight?

(the way the will reads it seems like it must be 50/50 split between my brother and i). The part that lists assets for myself reads exactly "50% of the entire estate i am leaving to xyz(me) and/or (brother).

You're right. That's ambiguous, and I'm guess a court would construe it to mean "and" unless there is other evidence of a different intent.

i called her and said that is perfectly good with me i was likely going to just split 50/50 with (brother), and she said no i put that there incase something were to happen to you it would go to your brother.

I assume this means if you die before your friend. Right? If so, while that might be your friend's intent, it's not what the quoted portion says.

I'm not sure what the point of the last two and a half paragraphs of your post are -- especially since you didn't ask a question.

What does stand out about your post is that at least every other sentence contained statements about you being uncomfortable or concerned or feeling weird. You understand that you're not obligated to seek appointment as executor just because your friend's will nominates you, right?

my question is legal advice on the scenerio.

If, when your friend dies, you decide that you want to seek appointment as executor, retain a probate attorney. The fees are paid from the estate, and your attorney will give you all the legal advice you need. While your friend is still alive, you have no need for legal advice.

so any issues or contesting on the recipient of that is between two parties claiming they are the entitled party right?

Huh?

Your only question appears to be whether to bring the issues to her attention.

I'd go with yes.

If it were me, and someone shared their will with me because I was nominated as administrator, I would share my concerns.

Agree with both of these points, but recognize that whether or not your friend changes her will in response to your expressed concerns is entirely up to her.
 
My friend has no living family she communicates with. If she does have any it would be distant cousins as her parents are gone, no kids, aunts uncles etc. when i say fighting with family, i mean me fighting with my family over something not clear. My brother and i are listed, so lets say he claims his wife found homes for the animals and wants the 10% to go to them, but i feel her vet was the one who deserves it, am i now in a legal battle paying for this out of the estate assets, and why when i can just ask her to designate her wishes while she is around and healthy? Also what prevents anyone from making any claim to percent splits of assets,if it is not spelled out, 50/50 is fair, but what if that is contested? i learned when spite enters everything can be contested and a headache if wiggle room is there…

Thanks for the input. I am asking these questions from a position of sincere concern (i went through a scenario not that long ago where my father and his brother fought for a large estate due to an unclear will and spent hundreds of thousands of their inheritance on spite battles and jealousy that coulr have been avoided with clarity in the will. My fathers life ended not on speaking terms with his brother). Excuse my wordy posts and non direct questions. In a nutshell the question was is this worth bringing up to have her add direct clarification as there are issues. i believe the general opinion is although there is minimum areas for concern, it is best to ask her to speak to an attorney about her exact wishes and have the attorney add verbiage they see fit to ensure those wishes are not misinterpreted.

Thanks, i think i have my answers.
 
Your friend was wrong in sharing the contents of the will with you. You are being way too anal about the possible outcomes. I would decline the nomination of executor if I were you.

If your friend's will follows the laws of their state then you do the best you can to comply with the terms of the will. What you don't do is tell your friend that the will is ambiguous. Besides, that will may change over time.
 
Your friend was wrong in sharing the contents of the will with you.
I vehemently disagree with this statement. You are simply and completely wrong.
It is extremely wise and recommended to discuss one's will with the nominated executor/administrator. The less ambiguity the better. The OP is wise to be concerned (although the necessary degree of that concern is unknown).
 
i mean me fighting with my family over something not clear. My brother and i are listed, so lets say he claims his wife found homes for the animals and wants the 10% to go to them, but i feel her vet was the one who deserves it, am i now in a legal battle paying for this out of the estate assets, and why when i can just ask her to designate her wishes while she is around and healthy?

How much is 10% of your friend's estate likely to be? Do you foresee your brother starting a legal battle with you over whatever amount of money that is?

That aside, you're obviously free to ask your friend to do anything, and it'll be up to her to do or not do it.

Also what prevents anyone from making any claim to percent splits of assets,if it is not spelled out, 50/50 is fair, but what if that is contested?

NOTHING "prevents anyone from making a claim," but have you ever heard of a random person making a claim against an estate? For example, I could make a claim against your friend's estate, but that would be patently absurd. I suppose some unknown relative might crawl out of the woodwork, but there's nothing to be done to prevent that, so why worry about it? Playing "what if?" games isn't productive.

Your friend was wrong in sharing the contents of the will with you. . . . What you don't do is tell your friend that the will is ambiguous.

These are subjective opinions you're entitled to hold, but I doubt anyone else here will agree with you.

You are being way too anal about the possible outcomes.

Now this I agree with.
 
When your nominated administrator is also a beneficiary it is unwise to share the will while you are still alive. Wills can change at any time while you are alive for many reasons. There is a will so the friend in not going to die intestate. If someone is not a named beneficiary they don't inherit.

You can see from this thread that OP is already in a fight (or is contemplating a fight) with his brother and is trying to settle the estate before his friend passes.
 
When your nominated administrator is also a beneficiary it is unwise to share the will while you are still alive.
You're still wrong.
Wills can change at any time while you are alive for many reasons. There is a will so the friend in not going to die intestate.
Both of those statements are correct.
If someone is not a named beneficiary they don't inherit.
Not universally true, but it seems likely in this case.

You can see from this thread that OP is already in a fight (or is contemplating a fight) with his brother and is trying to settle the estate before his friend passes.
Right, a "fight" that would be avoided with some simple clarifications in the wording of the will. It's a good thing the testator shared the will with the nominated administrator so that any needed clarifications can be made before there is a fight.
 
When your nominated administrator is also a beneficiary it is unwise to share the will while you are still alive.

Disagree, and since you didn't explain why you think it's unwise, that's all I can say.

Wills can change at any time while you are alive for many reasons. There is a will so the friend in not going to die intestate. If someone is not a named beneficiary they don't inherit.

None of this makes sense as a reason not to share a will with the nominated executor who is also a beneficiary.

You can see from this thread that OP is already in a fight (or is contemplating a fight) with his brother

I don't see that at all (that's why I asked the OP if he/she is contemplating such a fight).
 
She told me that she is leaving half of the estate to myself and to use to split any portion with my brother if i wanted,40% to the church, and 10% for the individual who finds homes for all her pets (18 of them

Tell me what you think is ambiguous about the bequeaths. The only person that is making the will ambiguous is the nominated executor. The will says what it says. There is no construction to consider a question of what the will says.

She told me that she is leaving half of the estate to myself and to use to split any portion with my brother if i wanted

Do you see anything ambiguous about that construction? So the brother has nothing to say about whether or not OP splits his 50% with him or not. It entirely up to the administrator and has nothing to do with the construction of the will.

40% to the church

Do you see anything ambiguous about that construction?

10% for the individual who finds homes for all her pets

How about that construction? Is it ambiguous ? There is a 10% share of the estate to find homes for her pets. The only ambiguity is if it is one person who finds all the homes or several people who find homes for the pets. So the executor divides up that 10% accordingly.

The testator makes her intentions clear as to how she wants her estate divided.
 
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Tell me what you think is ambiguous about the bequeaths.
The OP specifically mentioned this:

The part that lists assets for myself reads exactly "50% of the entire estate i am leaving to xyz(me) and/or (brother).

Anyway - the OP has already spoken to an attorney who had concerns about the will.
 
I don't see that in any post unless it was in a PM.
After speaking w/ an attorney that is not the case, the way it is drafted if i did not split equal id lose a legal battle as the language does indicate the 50% estate assets is split between brother and i.
Very first post.

But what attorney wouldn't have concerns for a fee.
One who reviewed a well-executed document and sees no issues with it.
(Take your soapbox elsewhere)
 
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