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this post was submitted on 13 Apr 2024
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Its my understanding that the executor is legally required to execute the will as defined by the will or instructions from the deceased.
Is that not true?
Because if it isnt then im very wrong and im sorry
No that's not what being an Executor is. There are laws and rules you must follow before you can get to what the deceased wish done with his estate.
You are at least partially wrong. The will cannot exceed the bounds of the law. Every state (that I'm aware of) has an order that expenses and debts are paid. An executor cannot choose to not pay a debt simply because the will says not to pay it.
Okay okay good information here.
But he should do his best to carry out the instructions if there are proper ways to challenge it and the will of the deceased is to make an attempt in the proper manner.
Dont we all want our executors to try to carry out our wishes to the best of their ability? I know i do, or what is even the point of having an executor at all?
And to be clear, im hoping he loses every challenge. Also i hope the families of the murdered get every penny OJ had left, i just thought people were blaming the executor who was also the murderers lawyer so he should know all of the details about what is required and necessary.
And maybe the guy is a super scummy lawyer who ISNT just doing the hes supposed to be doing, but thats not what i thought i was responding to. If im wrong my apologies, but it was a misunderstanding.
Just dont want to see lynch mobs come back into fashion and i think we are seeing us get damned close to that today. So we have to be honest even when we dont like something
Your comments are made in the context of the OJ story, so to say "Dont we all want our executors to try to carry out our wishes to the best of their ability?" is incredibly dishonest.
Personal representatives must pay the debts of the estate. They can decline or challenge debts that they believe to be invalid. The debt to the Goldman family is a valid judgment from a court of competent jurisdiction. What legitimate challenge is the personal representative making about the debt?
I assume the challenge is an effort to waste all of the assets of the estate on attorneys fees and administration costs. Essentially so that when a court tells them that they must pay the Goldman family that there are no assets left to pay.
For what it's worth, I agree with your interpretation here. The executor's statements are just douchey and inflammatory, but yeah - the will says what one wants to be done. Others may contest it and the executor tries to act on your behalf to get what you want done.
If the deceased owe taxes plus interest to the government but in the will puts that all money must go to charity, that doesn't mean that the taxes don't have to be paid.
You are wrong.
I think you can sue the estate, but the executor follows the parameters of the will.
IANAL, so grain of salt.
I also ANAL but being an executor doesn't give you carte blanch to weaponize the courts against your debts. They were awarded that money. If there was any rational argument to lower or vacate that judgment, OJ and company had decades to proffer that argument. This just screams petty.
You expect OJ Simpson not to be petty when after getting away with the murder of 2 people?! I sure dont.
The lawyer is just being a lawyer, i also don't expect him to not be a lawyer.
You dont appoint a lawyer as your executor and not expect them to do lawyer things with legal documents.
The US judicial system is fucked as much as anyone elses but the rich routinely weaponize the court systems there for any number of reasons. OJ doing absolutely everything he can think of to protect his ego is pretty fucking on brand
I mean, it sounds like you're just arguing that lawyers are nasty, nasty, men by necessity.