Legal Question in Wills and Trusts in New York
Art given as a gift before the death.
My grandmother has recently given me some artwork that was she had already designated for me in her will. Now the executors of the will are insisting that there will be legal issues because of this. Does a new will have to be filed? Does an addendum have to be made? Should I be filing some sort of paperwork?
Thank you.
1 Answer from Attorneys
Re: Art given as a gift before the death.
Is your grandmother alive? You mention the executors; they are appointed only after death and by the Surrogate. If your grandmother is still alive, they have no authority to act.
Your grandmother can, during her lifetime, give you anything she wants. If she gave you the artwork it is yours.
No new Will (or addendum) is required; if the artwork was given to while she was alive, then there is no artwork to be given under the Will.
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