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Can the executor of a will give a a part of the inheritance

Customer Question
to someone who is not...
can the executor of a will give a a part of the inheritance to someone who is not listed in the will?
JA: Estate laws vary by state. What state are you in?
Customer: Minnesota
JA: What documents or supporting evidence do you have?
Customer: I have no documents in my hand. My parents created me as the executor about thirty years ago. When my Dad died the whole estate went to my mother. She lived alone, but my sister and her on moved in about five or six years ago when their home was forclosed. My Mother has been on dialysis for about six or seven years. My sister wound up taking care of her much of the time but mostly this last year. My mother decided about two weeks ago that whe was going off of dialysis, at age 96. My sister managed to convince my mother the change the executor about two years ago by telling my mother that she was going to leave her unless Sherri could become the executor instead of me. So, she became the executor, my mother is now about a day or so away from dying, and my sister has informed me that she plans to make a gift to her son for helping out. As far as I remember the will was split even between my sister and me. Can she really give a gift to someone she chooses? I figure it will come out of my share. This does not sound right. What is the real truth?
JA: Anything else you want the lawyer to know before I connect you?
Customer: Only that my sister has always loved money, got a lot out of my Dad and it made him really mad.
Submitted: 10 months ago.Category: Estate Law
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Answered in 4 minutes by:
1/9/2017
Estate Lawyer: Barrister, Attorney replied 10 months ago
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38,659
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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can the executor of a will give a a part of the inheritance to someone who is not listed in the will?
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No, the executor has a legal and fiduciary duty to the estate and the heirs to follow the directives in the will and distribute assets as directed.

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So if the will states that you and sister split the estate, then she has no other option than to divide the estate evenly. If she wants to give her son a gift, she would need to do so out of her half.

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If she does try to give her son something that isn't stated in the will, then you can file a formal objection with the probate court judge and he can force her to reclaim any improperly distributed assets or be personally liable to the estate for the value of the assets improperly removed.

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thanks

Barrister

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Barrister
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 38,659
38,659 Satisfied Customers
Experience: 17 yrs estate law, real estate. Wills/Trusts/Probate

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