Legal Question in Wills and Trusts in Alabama

Will versus Dying Wish

The question I have revolves around a dying mother with a will. The will states that all proerty and assets with go to the son. Prior to her death, the mother changes her mind and decides to give the daughter a CD that contains $95,000, but she does not have time to officially change the will. She comunicates her wish to her daughter and son (she also tries to move the CD to her daughters name, but the CD was not mature and they did not want to incur a penalty). The son is now going against his mother's wishes and trying to keep the money. Does the daughter have a legal standing to that money?


Asked on 12/24/08, 2:32 pm

1 Answer from Attorneys
William Nolan Nolan Elder Law LLC

Re: Will versus Dying Wish

Sounds like the daughter is out of luck. If the will was not changed and the CD was not named as a joint CD or a POD CD, the daughter has no claim to it. She can challenge the will itself for a variety of causes and hope to win something but as for the CD, she doesn't sound like she could maintain a valid claim. Of course you realize that this is simply an opinion and any lawyer would need to see everything to give you a legal opionion so if in doubt, call me or another local lawyer to handle it.

William G. Nolan

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Answered on 12/24/08, 6:13 pm


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