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Change distribution/terms of Will during probate?

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Junior Member
What is the name of your state (only U.S. law)? NY

I am currently the executor of my Moms Estate. In the will she specified her brother get her car (which he did). She specified the remainder of her estate be split evenly between her four children. This remainder consists of her Coop apartment (~$150k) and some stock (~$70K). My siblings and myself would like to include her brother (our uncle) in the distribution of the stock, that is divide the ~$70K equaly between the five of us.

Two questions:
1) Can we legally do this?
2) What type of form (afidavit) to I get each of my siblings and (uncle also) to sign to protect myself as executor?


Howard B


Senior Member
If all beneficiaries are in agreement, I am sure that the court would allow it. You would have to ask your estate attorney about the formalities of preparing the agreement.

But, you know, if the estate is liquidating the stocks and distributing cash, it might be easier to just distribute to beneficiaries and let them each gift an equal amount to uncle. With the numbers you mention, that would be about $3,500 from each of the siblings. Well below the annual gift exclusion... no gift reporting to the IRS...

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