• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Assets not distributed as stated in Will

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

D

Donsdaughter

Guest
My dad and stepmother had wills made together two months before he died. They agreed that all property be left to the spouse and at his/her death the property should be equally divided between me and her two sons by another marriage. My dad died, and I had no objection to her being taken care of as my dad had requested. But, last year, she died, and I learned that she had made a new will leaving $1,000 and my father's Korean war memorabilia, Purple Heart, and flag to me. The rest of the estate was to be divided between her two sons. As my father's only child, I felt cheated. I did receive the $1,000 but have not received the personal items of my father's that were stated in the will. Her sons have sold the property and effects and have already divided up and received their monies. The will was written in the state of Ohio. What legal recourse do I have if they sold these very sentimental items which I was to receive?
 


ALawyer

Senior Member
Your story is the classic problem with "Trust Me" Wills.

He apparantly left everything to her, without any enforceable provisions in his Will, or any contract with her making you a 3rd party beneficiary, that required her to leave anything to you. His property became her property, and blood is thicker than water, so she left it to her children, not his. In most states, that's it.

In some states and circumstances you can argue that there was a binding oral agreement in exchange for reciprocal Wils, and start a Will contest. That is too often expensive and futile, but it all depends on the state and the exact facts, and that would require a local lawyer to figure out on your behalf.


------------------
To retain a lawyer, I suggest you go to http://AttorneyPages.com which is endorsed by the Association of Trial Lawyers of America. This response is intended as general information only and NOT LEGAL ADVICE. As you are not my client I have no obligation of any kind to you.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top