Legal Question in Wills and Trusts in California
My aunt who is deceased promised a ring to my daughter. She made this promise on several occasions and these relatives she made the promise in front of are willing to sign a statement saying that. Do we have any legal rights. There was no provisions in the trust or will for her possesions. Or they convienently are missing
2 Answers from Attorneys
Sorry, but a promise to leave something to a person in a Will is not enforceable. If neither the Trust nor Will discussed what was to be done with her assets, which is the basis reason for either device, then they have no force and the assets would pass as provided by general statute.
The real question is, Is the person who currently has the ring willing to gift it to your daughter? If not, then the Aunt's promise is not enforceable and her will or trust would control. Another option would be if the will has no provision for disposition of personal property, such as this ring, then whoever is entitled to the residuary of the Estate could gift the ring to your daughter. For example, sometimes personal property is divided among heirs with the residual heirs taking turns selecting pieces of jewelry or art, etc...