Legal Question in Wills and Trusts in North Carolina

The executrix generally cannot give property for a designated beneficiary to another beneficiary. Howe ver, your question leaves out many details which could change the answer. Is there some type of caveat and everyone entered into a family settlement agreement? Then maybe she can.

In short, the duties of the executrix are to probate the will for the deceased, figure out what the deceased owned and what the deceased owed, pay any just debts that are properly the responsbility of the estate and then distribute whatever is left to the heirs designated in the will. That's it.

Depending on the circumstances and the assets, some things are left to the discretion of the executrix, especially when it comes to the distribution of personal property. However, if the will specifically mentions that a piece of property exists and that it is to go to a certain beneficiary, and assuming that all debts hav been paid, the executrix has no discretion to give the property to someone else.

I don't know why you are are asking or what the circumstances are. If you would like to discuss this issue in further detail in confidence, please contact me at [email protected].