something left out of will

[tamdellario]

What is the name of your state (only U.S. law)? Pennsylvania

My dad died march 12 this year and I am the executix to his estate.. Although its not in the will
He always told all of us that when he dies his little brother gets his motorcycle.
His little brother is an adult and knows of his wishes. But its not in the will
Can I still give this to him or so I have to transfer it to my name then sale it to him or what?

Thank you for any assistance
Tammy

 

[Zigner]

The motorcycle is a part of the estate and will need to be distributed as such. If everyone agrees, then it wouldn't be a problem, but you can't just give it away contrary to the will without risking a breach of your fiduciary duty.

 

[latigo]

What is the name of your state (only U.S. law)? Pennsylvania

My dad died march 12 this year and I am the executix [sic] to his estate.. Although its not in the will
He always told all of us that when he dies his little brother gets his motorcycle.
His little brother is an adult and knows of his wishes. But its not in the will
Can I still give this to him or so I have to transfer it to my name then sale it to him or what?

Thank you for any assistance
Tammy

No, you couldn't, but to explain:

If there is one more prominent maxim in the construction of wills it might be that principle of law that holds that the deceased's wishes with regard to the disposition of his or her estate (testamentary intent) must be revealed within the "four corners" of the will. *

Now applying that "four corners" principle to the issue at hand should tell you that the motorcycle cannot legally pass from the estate to your uncle.

Your naive proposal that you might "give" the bike to your uncle when it is not yours to give. Or the alternative of transferring the bike into your name and selling it to the uncle all suggests that you don't have a clue as to your official duties and fiduciary responsibility as the personal representative of your father's estate.

There is more to your job as PR than meets the untrained eye and if you undertake it as such you are running considerable personal risks.



[*] There are certain limited exceptions where parol (extraneous oral) evidence can be admitted to clarify the written wishes of the testator when found to be ambiguous. For example here for instances, say the will expressly bequeathed the bike to "my brother". And there was more than one brother.

 

[tamdellario]

Let me rephrase this.. Maybe I used the incorrect wording
. I already know it's part of his estate and have had an.appraisal on it
My question should have been since my siblings and myself know
That the motorcycle was to go to my uncle and we are all okay with
That and respect it. How to I go about making sure his wish for the
Bike happens?

 

[Zigner]

Let me rephrase this.. Maybe I used the incorrect wording
. I already know it's part of his estate and have had an.appraisal on it
My question should have been since my siblings and myself know
That the motorcycle was to go to my uncle and we are all okay with
That and respect it. How to I go about making sure his wish for the
Bike happens?

Speak to attorney for exact guidance, but I'm pretty certain that all of the folks involved could "sign off" on this in some way.