Legal Question in Wills and Trusts in California
Last Wishes at time of death after Will Written
My father-in-law's will was written 15 years ago stating all personal property to be sold and split among the 3 children. He recently passed away but prior to his death he had asked if we would be angry if he gave his eldest daughter his boat. My husband and I thought it would be a wonderful idea. We even wrote a statement forfeiting my husbands 1/3 of the boat to honor this request.
The middle sister who is the executor of the estate never came and saw my father-in-law and he never had the opportunity to speak with her about it prior to his death. So of course there is a problem. She has now gone as far as wanting to sell every little thing at a garage sale.
My father-in-law lived in a small travel trailer, his motorhome is over 20 years old and is actually worth very little. The executor is convinced all his items are worth thousands, and they are not.
My question is though, if a request was asked prior to a death and the will had stated sell everything can my husband since it was discussed with us do anything to allow his eldest sister to recieve the boat thier father loved so much?
2 Answers from Attorneys
Re: Last Wishes at time of death after Will Written
I'm sorry to hear about the trouble you're having. Unfortunately, the last will controls unless the beneficiaries agree otherwise. A compromise may be giving the daughter the boat and letting everyone else take their shares in property of fairly equal value.
Something else that may help: if the total value of property in the estate is worth less than $100,000, probate and the executor are not needed, and the property is transferred through an informal affidavit process. If this is the case, perhaps it will be easier to work something out without your sister asserting herself as executor.
Re: Last Wishes at time of death after Will Written
If all beneficiaries agree, they can sign a stipulation and file it with the court, and give it to the executor. The courts honor agreements among beneficiaries and usually make the executor comply.
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