can the personal representative also a heir take all the money

we go to court on the final account soon and my sister says because her name is
first on the list of heirs she can demand all of the money

Asked on September 4, 2017 under Estate Planning, Oklahoma

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

No, she is not even remotely close, unless there was a will which was written in the extremely odd fashion of stating that "the first person on this list gets all the money." Unless the will specifically states that, being 1st, 2nd, last, etc. on the list of heirs means nothing. The will is enforced according to its plain terms; by a common sense reading of the will, what is she entitled to? That's what she can get. 


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