Legal Question in Wills and Trusts in New York

Re: Sibling disagreement over residuary property distribution

The executor must follow the language in the Will. Oral statments, even written statements, not in the Will are disregarded.

Re: Sibling disagreement over residuary property distribution

The Executor is in charge, but must follow the language of the will. If there is no reference, it gets credited as part of the residuary. As a suggestion for family harmony, see if there is a consensus and go with the majority.Whatever you do put it in writing.

Re: Sibling disagreement over residuary property distribution

Family disputes over inheritances are very disturbing and are an endless source of family strife. Unfortunately, it appears that your father's Will did not clearly reflect his intention. The Executor must follow the language of the will not a verbal intention. Nevertheless, the boat does not necessarily have to be sold. It could be distributed to one or more of your siblings in lieu of their portion of the estate. My suggestion is that you try to reach a consensus with your family. In the long run family relations are far more important than the money in dispute.

I hope this helps!

Re: Sibling disagreement over residuary property distribution

I concur with the other authors. The example you cited is far from being a direction that xxx get the boat. I interpret it to mean either he can make repairs or that he can conduct business from it. Neither of these is a direction to transfer ownership. I strongly concur that family harmony is more important than a few dollars differential in inheritance, and encourage the siblings to try to form a family concensus, get over any bad feelings and move on. If agreement cannot be made, you can always apply to the Court for an interpretation or seek mediation of the dispute.