Legal Question in Wills and Trusts in Ohio

Re: will and letter

The letter you refer to is often referred to as a letter of intent. It is directed to the executor of the estate, and it usually conveys the decedent�s wishes regarding small personal items. The letter has no legally binding effect. The executor will usually follow the decedent�s wishes, but is not legally bound to do so. Was you mother of sound mind when she was in the hospital? Was she able to make her own decisions, and able to understand what was going on around her? The real question is whether or not she was legally competent? If she was competent, any gifts she made prior to her death are controlling. The gift is made when she stated her wish that someone have a particular thing, and actually transfers possession of the item; by handing the item over or telling the person where the item is and telling them to retrieve it. If she conditioned the gift by stating that she wanted someone to have a particular thing after she passed, then the gift was not complete prior to her death, and her will controls. The executor will then decide whether to honor your mother�s letter of intent. It can be very complicated to determine if a gift had been completed or not. If an attorney has not been retained to assist the executor, and the size of the estate warrants it, an attorney should be consulted in detail.