If there is a murder/suicide and a note was left leaving money to grandchildren but the gift was not specified in the Will, can the executor ignore the note?
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If there is a murder/suicide and a note was left leaving money to grandchildren but the gift was not specified in the Will, can the executor ignore the note?
What is the protocol?
Asked on May 28, 2015 under Estate Planning, Oregon
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Not only can the executor ignore the note, but he/she *must* ignore the note, unless the note met all the criteria (such as how it was signed, witnessed, and notarized) to be valid will, which is highly unlikely. Only documents which qualify as wills can determine how assets are to be distributed after someone's death; no other documents or oral/verbal wishes have any effect whatsover.
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