Can the executor take everything not mentioned in the will?

 

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Jan Meriss Alfonso
Assistant at Parklin Law

Can the executor take everything not mentioned in the will?

The answer to your question is "no", the executor cannot take everything not mentioned in the will, with one exception: if you're dealing with real property (land), then yes, the executor can take everything not mentioned in the will. The reason is that land has to pass by law anyway, and it's up to the executor to deal with this.

If there is no will

If there is no will or if there is no mention of an item in a will, then that item does not go to any specific person and therefore falls into the "everything else" category. The executor has the right to take those items because he or she is acting as the owner of the estate.

In addition, if something was specifically mentioned in a will but no one claimed it after 30 days (the time allowed by law), then it too falls into this category.

Executor

First, let's clear up what an executor is. An executor is someone who is in charge of making sure that a person's property passes to the right people, and makes sure that the final wishes of the deceased are carried out.

Responsibility of an executor

As executor, you have a lot of power. In fact, you have the power to do whatever you want with the estate that was left behind. However, if you're going to take such a big role in this process, it's important to understand what's your responsibility and what's within your rights.

Why is it important to consult an estate planning lawyer

Estate planning is an important part of everyone's life, and sometimes it's hard to know where to begin. It's easy to think that you don't need an estate plan because you don't have anything worth passing on, but that's not the case. Whether you're a single person or married with a family, you'll want to take some time to consult with an estate lawyer.

Estate Attorney

A good estate attorney can help you organize your assets, ensure that your family will be cared for when you're gone, and alleviate burdens on your loved ones after your death.

If you have questions, you can get a free consultation with the Best Estate Lawyers.

Parklin Law - Estate Planning Lawyer

5772 W 8030 S, # N206

West Jordan UT 84081

(801) 618-0699

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https://www.parklinlaw.com/
Parklin Law
Estate Planning Attorney in West Jordan
https://parkin-law.business.site/

Location: Toquerville, UT 84774, USA

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