Can an administrator of a Will give away money and personal property to someone not named in the Will?

UPDATED: Oct 1, 2022

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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


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 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.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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