Legal Question in Wills and Trusts in California
I have been designated to receive the "papers" of a noted scholar. If "photos" were not specified does that mean they are excluded or included?
2 Answers from Attorneys
That is a very interesting question. My first instinct was to say that photos would not be included. However, I think an argument could be made that they are included if the photos are directly related to the work of the papers. That is, if he was a scientist and the photos supported the scientific studies detailed in the papers. If the Executor is not giving you the photos I would encourage you to hire an estate litigation attorney to pursue this. Good luck. -John Palley
I agree with previous counsel answer; maybe a beneficiary litigation attorney should be hired earlier to conduct the negotiation on your behalf rather than later to guide/assist you in determinig if photos do in fact exist, and prepare a stipulation acknowledging their receipt by you, including any release needed or required by the executor of the estate of the scholar.