Legal Question in Wills and Trusts in Pennsylvania
If personal property was promised and not in the will, is it valid
I was told by my sister since deceased and my brother in law since deceased that all of her personal property belonged to me being her only sister does this stand?
4 Answers from Attorneys
Re: If personal property was promised and not in the will, is it valid
The promise itself does not sound like enough to bind like a will. However, depending on your family structure, you may be entitled to the estate.
You should contact a probate attorney to clarify.
Re: If personal property was promised and not in the will, is it valid
This would depend on a number of factors but unless you gave some type of consideration in exchange for the promised property your chanes aren't hopeful, if the bequest wasn't mentioned in your late sister's will.
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Re: If personal property was promised and not in the will, is it valid
More info is needed.
First, was there a will? If so, and you were not named to be given these things than the promise is not binding.
If there was no will, did she die before her husband (bro-law)? If so, those things were passed to him and than to his estate.
If she died after her husband, were there any children? If so, things pass to them. If no children, are her parents alive? If so, they pass to them.
So basicly, if she died after her husband, without a will and there are no children or parents living, then the belongings would pass to you and any other siblings equally.
You may Email me if you need further clarification.
Re: If personal property was promised and not in the will, is it valid
First, verbal promises are not binding in probate. Either the assets pass by Will or by intestacy (no Will). If there was a Will, the person(s) named are entitled to the assets. If no Will, the estate passes by intestacy statute and, in part, depends upon the order of death and the relationship of surviving family members, as well as the size of the estate (its asset value) and how assets were registered (individually or jointly). I am assuming neither party had a Will. If assets were owned jointly, the survivor of them inherits everything. If personally owned, the spouse gets part and the children/family of the first to die gets the rest, depending on the total value of the assets. In either case, the family of the deceased and/or the survivor is entitled to the assets, with children being first, then parents if living and then siblings. So, even if your sister was the survivor and entitled to everything, unless she had no children and both of your parents predeceased her, you get nothing.