wills
if the deceased left in his will all belongingsare to be devided among his sisters children, does the exatore of that will have the power to keep everything or give to the others what he wants only to give to them
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Read More Answered By: Marc Pachtman |
Re: wills If you intend to include personal items in a will it's best to specify who will receive which items.This will avoid any possible disputes among the heirs.
However, if a person does not specify who is to receive which items, it is up the executor to make that decision.
It sounds as though the person who wrote the will intended that the belongings be divided among a certain group of people. However, in the e-mail there is nothing indicating that the items must be divided equally, therefore the executor will have broad discretion in the division.
If all of the heirs are getting along everyone can agree on who gets what items. The executor can also allow people to choose the items they want after they first draw lots as to who selects first, who selects second, etc.
Of course, the heirs with the consent of the executor can come up with any other creative arrangement that they want to divide the items.
Finally, anyone can challenge the division of property in court. As a general rule this will be more costly than the items are likely to be worth and will not improve relationships among the heirs.
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