Language in a will

New Jersey.

Language in a will directs that the executor distribute the remainder of an estate "as they determine appropriate".

Would this language mean that the executor could distribute the assets (of personal property or cash) in any amount, to any of the legatees based on the personal motives of the executor?

Or would such a clause only be intended to mean that the executor will have the final say as to which of the heirs will receive each distinct item of personal property from the estate (as in a case where two of the heirs may each desire the same item).

Also, how would cash assets be divided under this kind of clause in a will. Must it be divided by some mathematical formula and distributed to all of the heirs. Or can the executor give all of the cash assets to just one of the heirs and nothing to the others?

Without knowing the EXACT LANGUAGE in the will, we couldn't begin to guess.

Give us more info.

Also, who are you in this scenario?

The will has to be interpreted in its entirety to determine the intent of the testator. You cannot isolate one sentance out of contex. I would advise the PR to submit the proposed distribution to the court for a determination that it is in accordance with the will.

Thank you all for the replies.

I don't want to quote from the will on the internet for obvious reasons....

The clause follows after all the specific and demonstrative devises that are made to each individual named as an heir in the will.

The will is pretty much just a boilerplate will with the all the devises and a residuary clause added in.

The clause I don't understand is a short clause that plainly says that any residue or remainder not made as a specific or demonstrative devise in the above text of the will, shall be distributed by the executor as they determine appropriate.

The key phrase (I believe) is "as they (the executor) determine appropriate" and this is a direct quote from the will.

I have read the rest of the will and there is no other mention of how the executor should divide the residual estate amongst the heirs.

If it is not posable to give an opinion based on the information that I have already provided, than perhaps an answer to the following question may be just as useful.

Question 2:
Can the executor be given the power to divide the assets of an estate based on there own personal motives?

Example: The executor divides the remaining assets of the estate to one of the heirs of their choosing, and distributes nothing to the other heirs named in the will.

Is it posable for a will to be constructed to do this?

Would it be unusual?

Would it take more than a simple phrase such as "the executor may distribute the assets of the estate as they determine appropriate"?

The reason for my question is that it is my interpretation of what I have been told by the executor, is that the executor believes (s)he has been given the power to give any amount of the residual estate to the heir(s) of his/her choosing.

I have trouble believing that this could be posable because I believe that in NJ an executor is obligated to act with a fiduciary duty of impartiality towards the heirs. I don't understand how an executor can have the power to choose who gets what while remaining impartial. Especially when it comes to the distribution of cash and not items of personal property.

Thanks again for your input.

Without seeing the will's language, I'd have to GUESS that the personal representative must follow the law (first) and the language of the rest of the distribution (second).

Pure conjecture on my part.

I have trouble believing that this could be posable because I believe that in NJ an executor is obligated to act with a fiduciary duty of impartiality towards the heirs.

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But,

The will is pretty much just a boilerplate will with the all the devises and a residuary clause added in.

Click to expand...

Hmm....why do people use boilerplate? Because it has been successfully challenged in court or because it has been upheld in court time and time again?

I don't want to quote from the will on the internet for obvious reasons....

Click to expand...

I can't think of any, but I guess the free advice you get from incomplete facts is worth every penny.

More Questions......

Does an heir of an estate have a right to receive an accounting of the estate from the executor?

If so, how does one go about getting the accounting of the estate, and what information can one expect to be included in it?

Do all the items of personal property in an estate need to be appraised, and have their value included in the NJ State estate tax form?

I was told by someone that items that the decedent had inherited from there mother years ago, had been appraised at that time, the estate tax had been paid on them, and it was not necessary to pay estate tax on them each time they are passed to the next generation. Is this true?

Q: Does an heir of an estate have a right to receive an accounting of the estate from the executor?

A: Yes.



Q: If so, how does one go about getting the accounting of the estate, and what information can one expect to be included in it?

A: Ask for one; if that doesn't work, petition the court to force the personal representative to give you one. It will be a standard balance sheet.



Q: Do all the items of personal property in an estate need to be appraised, and have their value included in the NJ State estate tax form?

A: That is dependent on state law. A ballpoint pen, for example, probably would not have to be appraised. An original Van Gogh painting would. There is probably a dollar limit; anything worth over that has to be appraised. Check your state law.



Q: I was told by someone that items that the decedent had inherited from there mother, had been appraised at that time, the estate tax had been paid on them, and it was not necessary to pay estate tax on them each time they are passed to the next generation. Is this true?

A: That doesn't sound right to me; but, as I said, check your state law.

WNR77, please stop asking your homework questions here. This site is intended to provide help to people who have real problems.

It is obvious from your postings in different areas of the forum that you are doing homework assignments. You can deny it all you like, but to people who regularly come here to provide assistance, it is clear.

If you are in law school, you are proving that you are unfit to practice law, not only by being too lazy to do the work yourself, but by lying about it. Lawyers shouldn't be liars and liars shouldn't be lawyers.

Go to the library.

las365 said:

...
Lawyers shouldn't be liars and liars shouldn't be lawyers.
...

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That's really going to cut down on the number of lawyers!

seniorjudge said:

Q: Does an heir of an estate have a right to receive an accounting of the estate from the executor?

A: Yes.



Q: If so, how does one go about getting the accounting of the estate, and what information can one expect to be included in it?

A: Ask for one; if that doesn't work, petition the court to force the personal representative to give you one. It will be a standard balance sheet.



Q: Do all the items of personal property in an estate need to be appraised, and have their value included in the NJ State estate tax form?

A: That is dependent on state law. A ballpoint pen, for example, probably would not have to be appraised. An original Van Gogh painting would. There is probably a dollar limit; anything worth over that has to be appraised. Check your state law.



Q: I was told by someone that items that the decedent had inherited from there mother, had been appraised at that time, the estate tax had been paid on them, and it was not necessary to pay estate tax on them each time they are passed to the next generation. Is this true?

A: That doesn't sound right to me; but, as I said, check your state law.

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Thank you seniorjudge. I will check to see what the dollar limit is for NJ...

las365 said:

WNR77, please stop asking your homework questions here. This site is intended to provide help to people who have real problems.

It is obvious from your postings in different areas of the forum that you are doing homework assignments. You can deny it all you like, but to people who regularly come here to provide assistance, it is clear.

If you are in law school, you are proving that you are unfit to practice law, not only by being too lazy to do the work yourself, but by lying about it. Lawyers shouldn't be liars and liars shouldn't be lawyers.

Go to the library.

Click to expand...

Ouch..

Some very kind and knowledgeable people here are helping me answer questions that are related to my problem, and I am very grateful for their kind assistance.

WNR77 said:

.....
I was told by someone that items that the decedent had inherited from there mother years ago, had been appraised at that time, the estate tax had been paid on them, and it was not necessary to pay estate tax on them each time they are passed to the next generation. Is this true?

Click to expand...

I hope that the infamous Someone is not studying tax law.