Executor powers

[bgreen]

What is the name of your state (only U.S. law)? Nebraska

When my mother dies I will be the executor of her estate. Her will simply leaves all her assests to her 3 children, in equal shares. Will I have the power to decide the value of her personal possessions, and to divide them three ways as I see fit? I'm assuming I cannot give any personal items to anyone but the 3 children. For example, I would not be able to give any personal items to her grandchildren.

If she attaches a letter to her will specifying certain personal items be left to certain family members, can I then legally honor that letter and hand out these items before splitting the remainder three ways?

 

[latigo]

Yes, your mother can prepare a written statement separate from her will designating the disposition of items of tangible property (only), provided they are not specifically disposed of by the will.

This provision was incorporated into Nebraska law with its adoption of the Uniform Probate Code n l989. You will find it at Section 30-2338 of the Nebraska statutes.

To be admissible as evidence of the intended disposition the statement must be either in the testatrix’s handwriting or signed by her with some indication of the date of the statement. The statement must describe the items with reasonable certainty.

Incidentally, you will not be known as the “executor” of your mother’s estate. The UPC has consolidated the former titles administrator of an intestate estate and executor of a testamentary in one office, the personal representative.

 

[bgreen]

Clearification

What happens if she does not leave written instructions on how to dispose of her personal tangeable property? How much freedom do I have in deciding who gets what?