Legal Question in Wills and Trusts in California

My mother gave me the family piano after it had been sitting in disrepair for over 20 years. I invested almost $10,000 to refurbish it and still have it in my home. After my mother passed away one of my siblings wants to deduct the value of the piano from my inheritance stating that the piano is part of the trust and therefore belongs to everyone and was not mine to take. Is she correct or because my mother gave it to me, does it no longer belong to the trust? If it does still belong, if I were to pay for the piano out of my inheritance(based on it's value prior to my refurbishing it) would it be legal for me to then sell the piano?


Asked on 11/25/12, 4:06 pm

1 Answer from Attorneys
Victor Waid Law Office of Victor Waid

The piano is yours as a gift from your mother, and is evidenced by your conduct of investing $10k in refurbishing. The piano value is not a part of the trust estate as to the personal property and therefore not deductible against your share of the trust estate. Tell the trustee, the trustee can be personally liable for attorney fees and costs if he persists on making that claim on behalf of one of the other beneficiaries, and you will bring a lawsuit against him. Seek the advice of a probate litigation attorney to assist you. You will need to answer the following questions: Was the piano specifically listed in the personal property of the assets in the trust: If no, your ok. Was the piano given to you in the trust as a specific gift over and above the general personal property value? If yes, your ok. But still seek the advice of a good legal counsel to assist you. The piano is yours.

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Answered on 11/25/12, 4:45 pm


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