The answer is "maybe." If you are following the provisions of the Will, and if the Will gives you, as Executor, the ability to select assets to be distributed to your niece under the Will, then the judge may rule in your favor. Your niece will likely have the right to appeal that decision. That does not mean she will win the appeal. If you are not working with an attorney in this matter, however, you really, really should be. Estate litigation is not a self-help situation. If you are already working with an attorney, then your attorney should be answering this question for you. Good luck to you.
Answered on Sep 19th, 2012 at 8:48 AM