A copy of the filed document for the deceased's will has been supplied by the excecutor. This will (filed document) was NOT the entire text read to the beneficiaries. Mentioned in the other text (multipaged document) were statements pertaining to monetary disbursements to said beneficiaries and other relatives. Is the content of this other document NOT on file with the court binding and legal? If so, is the executor obligated to furnish a copy of that text?
It really depends on the exact terms of the Will. Generally only items in the Will are binding on the executor. However, I have seen language regarding distributions of personal property to be distributed by the Executor, as trustee, pursuant to a separate memorandum which is not part of the Will. I am not sure of the legal effect of that language, but it could be construed as creating a trust. Trusts are not filed with the court.
I recommend that you consult with a local attorney, as the exact terms of the Will need to be examined, and any related facts explored. This really needs to be reviewed by counsel.
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The question is whether the "Executor" acting as the "Executor" as appointed by the court or is the "Executor" acting with monies left to him/her in some type of information manner.
If the Executor has been appointed by the probate court then he/she can only act pursuant to the terms of the Will with respect to assets flowing through probate. Therefore, no distributions from the "secondary lists" can be made with estate funds unless all of the individuals who would be effected under the Will agree otherwise.
With that said, it is not uncommon that an individual will name different people as POD or joint owners on various accounts/assets, so if the extra document is only confirming that type of planning then that is a different situation as the types of assets will not flow through probate.
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