Legal Question in Wills and Trusts in Arizona
Malicious Prosecution
My aunt who is the trustee for my grandmother's estate, asked me to deliver a piece of furniture (cedar chest) to my sister. My aunt is opposed to my sister having the chest. I am afraid she will change her mind and after I remove the chest (although I do have keys and permission to enter the premises) and call the authorities on me. She has changed her mind on this issue three times now and I don�t know what to do or if I will get in trouble.
It gets a little more complicated as the chest was never in the will to be devised to anyone, but my grandmother, aunt, sister, and I were in the same room at the same time when my grandmother expressed her wishes that my sister inherit the chest. Any suggestions? Thank you.
3 Answers from Attorneys
Re: Malicious Prosecution
Your sister has every right to this chest. Just because the oral wish was not reduced to writing does not mean it is invalid. You, your sister, anyone can go get the chest and deliver it. The trustee can challenge it but there are enough others to say otherwise.
Re: Malicious Prosecution
Get your aunt's written permission and directive to pick up the chest and deliver it to your sister.
Re: Malicious Prosecution
I agree with Donald Scher. You should have your aunt authorize you in writing to pick up the chest and deliver it to your sister.
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