If a person is intentionally omitted from a parent's will and the executor decides to give a distribution to that person is that considered as a gift or an inheritance as the omitted person has a bankrupcy pending.
2 Answers from Attorneys
If the recipient was intentionally omitted, why was a distribution made in the first instance? Was this approved by all heirs or was the decision made by the Executor unilaterally? In any case, it is probably considered a gift, not an inheritance.
That shouldn't be permitted, unless there was some other agreement among the heirs. The executor must simply follow the instructions of the will and get in serious trouble for playing around - they're acting under the supervision of the surrogate's office. If it wasn't inherited from the estate, but rather the estate gave funds to another individual without any consideration in return, that would likely be seen as a gift for tax purposes.
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Michael J. Duffy, Esq.
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