Question:

Can an executer of an estate give an interpertation of a will different than the will?

by  |  earlier

0 LIKES UnLike

My mom passed away and left a will and different annuities bank accounts and bonds. She left monies to 6 people in different percentages according to the will. However, when she also listed us as benefactors on the accounts and annuities at different percentages as the will. What does the executer go by? The will split or the bank benefactor split which is different. Can the executer decide arbitrarily or is there a law guideline to govern this?- Thanks.

 Tags:

   Report

2 ANSWERS


  1. Actually, to clarify the answer above, if the beneficiaries on the specific bank/annuity accounts are considered as Transfer on Death (TOD) those designations will take priority over the Will as the bank or annuity company will disburse those funds rather than it going through probate.


  2. The will takes precedence over everything else. A lot of times people forget about their accounts and how they designated they be distributed when they make out their wills. Their will is a legal document and everything should be dispersed according to its wishes. If the executor decides otherwise, he can be called before a judge to explain his actions.

Question Stats

Latest activity: earlier.
This question has 2 answers.

BECOME A GUIDE

Share your knowledge and help people by answering questions.