can the personal representative also a heir take all the money

UPDATED: Oct 1, 2022

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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


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 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. 

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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