One executor didn't fulfill the wishes in the will - am I responsible as the co-executor for that financial consequence?

1 answer | Last updated: Oct 12, 2016
Flygirlyl asked...

I am wondering if there are two executors named in a will and in the will it states that two great grandchildren are to have money go to their father and put into a college savings plan. One executor puts the money in her husbands name and it never gets to the father...they spend the money and the grand kids never see a penny. Is the other executor responsible for the money being spent, even though he signed a check with both their names and the check was written out to the father of the children, but it never got there!!

Expert Answers

I can't determine exactly what happened here from what you wrote. Were two checks written? Did both executors sign one check? Why the check that the good "other" executor signed never get to the father of the children?

Still, I think that it's unlikely that the good "other" executor would be held responsible. Even without knowing all the facts, it seems to me that the person responsible was the executor who put the money in her husband's name. Unless the good "other executor" somehow contributed to this improper action, I doubt if he would be held responsible. Also, to be held responsible, the other executor would have to lose, or settle, a lawsuit against him. There may never be such a lawsuit.