Legal Question in Wills and Trusts in Pennsylvania
thank you racheal hunter. A special directive is in my mothers will. Directing excutrix (my sister) to distribute car this to my brother and I. when she was power of attorney when my mom was in nursing home with dementia and alzheimers. My sister took it upon herself to not my mothers choice to sell the car.My mothers wishes was for my brother an i to get the car. The money from the car sale was put in my mothers account. If needed for her care it was not she passed. We are at finalization. My sister got her special directive the china closet and dining room set. There is $70,000. to be divided. My question is the estate attorney is saying my brother and I Dont get the cash from the sale of the car. Because the directive said we were to get the car not money. It would have had to be sold for us to split. The Estate attorney was hired by my sister. I feel he is just looking out for her. so she gets a share of what my mother wanted my bother and I to have.
1 Answer from Attorneys
You are correct that while the estate attorney represents your mother's estate, your sister is exector and hired him, so he works for your sister, not you.
However, what the attorney is telling you sounds correct. If something was disposed of by your mother (or your sister acting under the power of attorney) in most cases that invalidates that bequest in the will and you don't get the car or the cash. Whatever proceeds are left from the car sale go into your mother's estate at death and are distributed as per the will. If you really really wanted the car, then perhaps you should have bought it from your sister.
The china closet is a different matter. First, if your mother needed funds while she was alive, the most valuable assets your mother had was her house and car unless the china closet was a real rare antique. Just being old doesn't qualify - used furniture never brings in all that much money. However, if the china closet had been sold as well, that would mean that your sister would not get it either.
I still do not understand what you mean by "special directives." I just have never seen such a thing and would need to see your mother's will to see what it actually said.
Since you have questions, I would take the will and as mcuh other paperwork that you have (the he power of attorney and any list of the assets) to a probate attorney in the county/state where your mother's estate is being probated. Pay the attorney to review the documents and see what he or she thinks.
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I'm actually not sure whether my question "fits" with... Asked 10/13/11, 11:39 am in United States Pennsylvania Probate, Trusts, Wills & Estates