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assets not listed in will?
Philadelphia, PA
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Posted 28 days ago in Wills / Living Wills
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My mom is executer of my grandmothers will. She recently died, and left my mother her house to her and 50% to her son and 10% each to her 5 step children. My grandmother did not list any assets in her will. When my grandmother was alive she promised me her engagement ring. I recently took the ring to wear. Now my mother says she is going to press charges because that ring is hers. I was only said between me and my sister. (that her grandchildren get her rings) I spoke with my uncle her other child and he said he does not care and I can have it. my mother wants to press charges. Can she do this? Does She have a right to the ring since it was not stated in the will.
Answers (1)
Andrew Daniel Myers
This attorney is licensed in Massachusetts and 1 other state.
Posted 28 days ago.
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Every will should have what is called a residuary clause. This provision generally reads something like this: "I leave the rest and residue of my property, real and personal to ..... ". After specific bequests are set forth in the will, stating which individuals should get what specific property or amounts of money, then the residuary clause basically states who shall receive the rest.
So, if there is not a specific bequest of the ring to you, then it is the executor's duty to do one of two things. Either (a)sell the ring and deposit the money in the estate account to be distributed in accordance with the provisions of the will or (b) give it to someone, only if all of the oher heirs will sign off on it, which appears to be unlikely at this point. Grandma should have been more careful in putting together her will. I urge people to put all of their specific bequests in the will, because those oral promises, legally, have no effect. |
