Q: If property wasn’t listed in a will can the benifisuaries give it to who they want

A: I take your question to ask, if a property is not specifically identified in a will (not a trust), can the beneficiaries of the will give it to who they want?

As a practical matter, yes.

A will normally controls all of the property a decedent owns at death which is not subject to a trust, beneficiary designation, joint-tenancy, or community property. I say normally, because most wills contain language either speaking of "all my property", "all the rest of my property", or "the rest and residual of my estate" or something similar.

It is possible, but rare, that a will only deals with particular items of property, and does not contain a residual clause. In this case, some of a decedent's property could pass by intestacy (the rules about how property passes if there is no will or trust.)

That being said, there is no law that states you must accept an inheritance. Beneficiaries and heirs are allowed to transfer property between them, and this is frequently done where, for example, one beneficiary wishes to receive the family home using his or her share of other inherited property.

This trick here is to make sure the agreement is in writing, and that you follow the proper steps and procedures. There can be some problems if the transaction is not completed properly. And this all depends on the type and value of the property, who all is involved, and the language of any will or other estate planning documents.

I recommend that you speak with an attorney about how to correctly complete the transaction. If you do not know where to find an attorney, you can try your local county bar association's lawyer referral service. These provide a referral to an attorney who provides a consultation at a low or no cost.

A: Yes. No problem. Just have a written distribution agreement. There could be parent-child tax exclusion issues so make sure to work with experienced attorney.