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  1. #1
    Join Date
    Oct 2019
    Posts
    1

    Default May an Administrator Distribute Property to the Heirs of a Deceased Devisee

    My question involves estate proceedings in the state of: Ohio
    Executor who is also sole beneficiary of will dies. A new administrator with will annexed
    is appointed. May this new administrator transfer real estate directly to the heirs of the
    deceased administrator, or must the transfer be to the estate of the deceased executor ?

  2. #2
    Join Date
    Oct 2014
    Posts
    7,429

    Default Re: May an Administrator Distribute Property to the Heirs of a Deceased Devisee

    It should be distributed to the estate of the deceased beneficiary as it is the rightful recipient of the deceased beneficiary's share. It's not up to the new administrator of the other estate to determine who gets what from the beneficiary's estate. Furthermore, the beneficiary's estate may have claims against it, taxes to pay, funeral and burial expenses to pay, etc, and those assets may be needed to help pay for that. The new administrator risks personal liability for wrongful distribution if he/she screws this up, so he or she shouldn't try to cut corners just to make the deceased beneficiary's heirs happy.

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