what would happen

[amberwave]

in the state of Ks. if a execuator did not dole out monies to a husband who was left out of a will...but due to being married to the person whom passed away ...could stand to get some of that money.... the executor did not have to be bonded...?

 

[ALawyer]

To the extent the executor makes payments that are not authorized, or acts other than in a fiducuary capacity, he or she is personally liable if someone raises the issue in a timely and proper basis. BUT I am not sure the husband "left out of the will" automatically inherits. If for example the couple was separated, etc.

 

[amberwave]

maybe I should of explained a little bit better, this ..." husband" was left all joint assits {sp} they had...cars, home , boat, etc. ...he also wants ....what the wife had comming from her mothers estate...that she was to inherit...in the will it says.... " I have intentionally ommited my husband #$# #$## ....from taking anything under this will inthat it is my intent to adequately provide for my spouse by way of jointly held property , both real and personal.'...and no they werent divorced or seperated...at the time of death....he justs wants all he can get ...and wants and probally will get what she didnt want him to have...as per her will....so what WAS the USE of the will then ...and shouldnt of her atty. made it clear to her...that he stands to get half of it any way by law....??? I think the atty. didnt , so why do the wil this way ....??????

Ps....the decedent passed away before her mothers estate was closed...the atty. handeld both estates....conflict of intrest here maybe ....big time ...??