Additional distributions?

[JohnandEllen]

What is the name of your state (only U.S. law)? Florida
I am the executor of my mother's will. There is no probabe, since most of her estate transferred to myself and my two sisters upon her death. I was recently married, and acquired two step-daughters as a result. My mother's will was written before I was married, so my two step-daughters were not mentioned. Two grandsons were each given $2000. After my mother's death, in a conversation with one sister (not the mother of the aforementioned grandsons), she suggested that my step-daughters also be given $2000. Is this legal to do, and is there anything to stand on if the other sister objects?

 

[anteater]

This is very confusing.

I am the executor of my mother's will. There is no probabe, since most of her estate transferred to myself and my two sisters upon her death.

If there is no probate (or some sort of small estate substitute for probate), then the will carries no legal significance and you are not the executor.

What was transferred to you and your two sisters?

Are you trying to say that various financial accounts are now owned jointly by you and your sisters?

 

[JohnandEllen]

Clarification

In the State of Floria, probate is not required unless the estate value exceeds a very large value, like $275,000, nothing close to what we are talking about here. My mother had her house is an enhanced life estate, so ownership passed to myself and my two sisters upon her death. Most of her money was in CDs, some in her name and my name, some in her name and one sister, and her and the other sister, so that on my mother's death, the CDs passed to us. IRAs named the three of us equally as death benicificaries. There was about $8000 cash not addressed, and thus is covered under her will, and what I am discussing now.

So, I guess the question then becomes: Can the executor and one other surviving offspring decide on disbursing funds not called out in the will, without the consent of the third offspring?

 

[ShyCat]

It's not 'majority rules' here. You can't simply give away a portion of the third sister's share because you have her outnumbered. You can make a simple gift to your stepchildren from your share after you receive it.

 

[anteater]

In the State of Floria, probate is not required unless the estate value exceeds a very large value, like $275,000, nothing close to what we are talking about here.

That is not quite right. There is an abbreviated form of probate called Summary Administration available if the value of the estate is less than $75,000. You can find the statutes at this link. Look for Chapter 735:

http://www.flsenate.gov/Statutes/index.cfm?App_mode=Display_Index&Title_Request=XLII#TitleXLII

Without petitioning the court for summary administration, you really have no legal authority to deal with the $8,000. And, once you do have authority to handle the $8,000, you have no authority to change the distribution provided for in the will.