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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...