Legal Question in Wills and Trusts in Colorado
Verbal wishes
If a deceased person allegedly expressed wishes to the executor, but did not express them in writing in his will, are these wishes or desires valid? Should the executor change the distribution of the estate, expressed in his will, by going on what they ''were told'' the deceased wanted given that there were other witnesses to the statement?
1 Answer from Attorneys
A will is treated like a contract. The language of the will cannot generally be modified by verbal wishes. However, in some cases a "will contest" in court may effectively challenge a will based on verbal statements depending on the strength of the facts. The simpler solution is to get the beneficiaries of the estate to agree to a different distribution and possibly the consent of 3rd parties. It will require some legal documents in either case. The executor must NOT change the distribution of the estate as expressed in the will without either consent or through Court Order. Otherwise the executor (the "Personal Representative" in Colorado) can be held personally liable and the recipient of a benefit not entitled to that benefit under the will may also be sued.
DISCLAIMER This answer is for informational purposes only and discusses general legal principles, trends, and considerations and is not intended as specific legal advice regarding your question. This answer does not establish an attorney client relationship. http://www.garycjohnsonlaw.com 720-323-3776
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