Legal Question in Wills and Trusts in Pennsylvania
My grandmother's will states that grandchildren are to pick a personal property item to keep as a momento. The executor states that means I am to pick something out of what my dad picks. He also states that means I am to pick a "momento", which the executor said he looked the word "momento" up and that means a trinket item such as you would purchase when you visit a place such as Nashville or a small item that she might of had from her room at the nursing home (stuffed animal, silk flower). Now, the will states the four children are to split the furniture. The will states the grandchildren are to pick a personal property item to keep as a momento. To me, that means any item in her house that's not attached, not stock, not money and something other than furniture (unless it is a furniture item none of the children want) and not the house, and the item that i do pick will be a rememberance of her. I also think that I should not have to pick something from what my dad picks as his own. My grandmother has a whole house of items, even though she passed away in a nursing home.
What are your thoughts and my rights? I do not want to be greedy, I am only asking for one item that is not probably worth more than $75. It is not what it is worth, it is a personal reason I would like it because I remember from my childhood.
1 Answer from Attorneys
The word is "memento." A "memento" is some object that usually possesses great sentimental value to the person or the heir but does not necessarily have intrinsic value.
I would have to see the will to know exactly what it says, but I do not understand why you can only choose from items chosen by your father, one of the children. That does not make much sense and I do not know why the executor is imposing that requirement if the will does not say it. I would take a copy of the will to a probate attorney or have the executor meet with the probate attorney for the estate and have the attorney instruct the executor on the correct reading of the will.
It does not sound like it should be worth fighting over but if the executor is going to be pig-headed, make sure that your father "chooses" the item that you want and then you can choose it.
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