Can an administrator of a Will give away money and personal property to someone not named in the Will?
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Can an administrator of a Will give away money and personal property to someone not named in the Will?
First I was told I was not in the will. Then I find out that I am. The will states all residual,all bank,
retirement accts, real and personal property is to be distributed equally to the people listed. I understand
Asked on February 23, 2018 under Estate Planning, Arkansas
Answers:
M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
I am so sorry for your loss and for the situation as it stands. To answer the MOST important part of your question: NO, the Executor of the Will can NOT make a determination as to who gets what. He or she MUST follow the wishes of the Testator. Now, is the person getting the property entitled under the terms of the WIll because he or she gets that asset via their inheritance right? Like a child who gets their parent's portion? Bring the Will to an attorney to review and consider filing an objection and for an accounting. It is a public record and you can make a copy at the Probate Court. I would get the whole file and copy it. Sign nothing until you get legal help. Good luck.
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