Legal Question in Wills and Trusts in California

I regret to say my mother recently lost her battle with breast cancer. About a month before she past, she gave me a note saying she'd like me to have her baby grand piano. (Knowing my siblings would liquidate it, and she trusted that I would keep it in the family, which was important to her.) My sisters insists that I have it appraised and that it's value should be deducted from what I get from the sale of our mother's home. I don't feel that is fair, especially considering the costs to move/store the piano. Also, my mother had given jewelry to my sisters and I'm not asking that they be appraised and that their value be deducted from the Trust.


Asked on 1/19/11, 4:50 pm

1 Answer from Attorneys
Jonathan Reich De Castro, West, Chodorow, Glickfeld & Nass, Inc.

From your description it is not clear if your Mother's note was making a current gift, in which case the piano became yours at that time, or was making a future testementary disposition, in which case it would probalby be considered to be a specific bequest to you. In either case, and depending on what your mother's estate planning documents say, it appears that you are correct and that the value of the piano should not be deducted from your share of the residue of your mother's estate.

Good luck.

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Answered on 1/25/11, 2:04 pm


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