Legal Question in Wills and Trusts in California
Does a gift supercede what is outlined in the will?
My grandmother gave my mother a watch ten years ago, but her will says it is supposed to go to my aunt. She now has alzheimer's and her personal property is being distributed according to the will. Does my mother have to give my aunt the watch? We do have a witness to the watch being ''gifted'' to my mother while my grandmother was still mentally competent.
1 Answer from Attorneys
Re: Does a gift supercede what is outlined in the will? Be Practical!!!
The short answer is "no, she doesn't".
Normally when an item of personal property has been bequeathed under a will and it is not part of the estate at the time of death, it's "too bad" for the person who was supposed to receive it under the will (the legal concept is called "ademption").
However, I am a strong believer in maintaining family relationships unless they're already in poor shape. Is the watch worth more to your mother than her relationship with her sister? If so, she can keep the watch. If not, then she should give the watch to her sister, whether it's legally required or not. In either event, I'd suggest that the two of them talk it out -- communication can solve a lot more problems than relying on "what's legal".
Good luck.
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