Powers of executor in unequal distribution

[PA/NJTrouble]

What is the name of your state?What is the name of your state? PA

Does the executor have the power to divide an estate unequally? For instance, $35,000 to two beneficiaries and $15,000 to the seven other beneficiaries. The $35,000 is in the form of $20,000 in property and $15,000 in cash.

Is there any way to give the executor the power to do this if all of the beneficiaries agree to it?

Is there any way to remove a $40,000 property from the estate without having to "sell" it? (i.e. can it be given as a gift?)

Can the executor sell the $40,000 worth of property to two beneficiaries for $1?

I really need your help - Thanks.

 

[Millison]

The executor has the fiduciary duty to carry out the wishes of the deceased as stated in the will. The will and the laws of the state will determine what the executor can/cannot do.

 

[seniorjudge]

The executor has the fiduciary duty to carry out the wishes of the deceased as stated in the will. The will and the laws of the state will determine what the executor can/cannot do.

...I agree....

 

[PA/NJTrouble]

Thank you for responding to my question.

The will simply stated, "divide my estate between my siblings" without specifically using the word "equally". With this being the case is the word "equally" assumed/implied, or is she free to divide it however she likes?

 

[seniorjudge]

Thank you for responding to my question.

The will simply stated, "divide my estate between my siblings" without specifically using the word "equally". With this being the case is the word "equally" assumed/implied, or is she free to divide it however she likes?

No one can answer your questions without knowing what it says EXACTLY in the will.

 

[Dandy Don]

The executor will have to give an accounting. YOU say the distribution is unequal, but is it possible that the $20,000 in property was specifically designated to go to those 2 beneficiaries?

If you are concerned that the distribution is improper, get your own attorney now and bring up your concern before the probate court.

 

[PA/NJTrouble]

Thank you both for your replies. To clarify, my sister created a very simple will. It specifically said, "divide my estate between my siblings". The will gave no further direction; did not use the word "equally"; and did not specifically mention the $20,000 worth of property.

Interestingly enough, all of the nine beneficiaries recognize that the proposed distribution is unequal, but all have agreed to go along with it. My question concerns the powers of the executor (who is also one of the beneficiaries).

Even though all beneficiaries recognize and agree to the unequal distribution, is she bound by "the fiduciary duty to carry out the wishes of the deceased as stated in the will" to make an equal distribution, keeping in mind that the will only implied equal distribution?

 

[seniorjudge]

Thank you both for your replies. To clarify, my sister created a very simple will. It specifically said, "divide my estate between my siblings". The will gave no further direction; did not use the word "equally"; and did not specifically mention the $20,000 worth of property.

Interestingly enough, all of the nine beneficiaries recognize that the proposed distribution is unequal, but all have agreed to go along with it. My question concerns the powers of the executor (who is also one of the beneficiaries).

Even though all beneficiaries recognize and agree to the unequal distribution, is she bound by "the fiduciary duty to carry out the wishes of the deceased as stated in the will" to make an equal distribution, keeping in mind that the will only implied equal distribution?

If the beneficiaries all agree to a different distribution, there is nothing wrong wtih that. A beneficiary may reject all or part of a bequest. And, if part of the request a beneficiary rejects goes to another beneficiary, if everyone agrees, then there is nothing wrong with that since everyone agreed.

So, to answer your original question: Does the executor have the power to divide an estate unequally?

A: The question is moot since the beneficiaries divided unequally. (In general, the executor must follow the terms of the will.)

 

[PA/NJTrouble]

Thanks for your help.

 

[seniorjudge]

Thanks for your help.

You are welcome.