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personal items

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momm2500

Member
What is the name of your state? PA

appoximately 6 years ago, parents had all 4 siblings over the house. mom and dad went room to room and designated who was to get what out of each room. this paper was signed off by all parties involved. it was never notarized. i was told by the executor because it was not notarized it will not hold up in court and what ever was written in it and signed off by parents and all 4 siblings, that he as the executor can change it. is this true? this actually holds a list of who gets what. anyone know if this is true?
 


momm2500

Member
can the executor decide on this? can he really disregard parents wishes? does he have the right to say no he will not honor this? does this give him an open book to do what he wants?
 

divgradcurl

Senior Member
Is the signed document a will or a codicil to a will? Does it create a trust? Is there a later-executed will? There isn't enough information to give you any sort of answer.
 

momm2500

Member
this was in addition to the will. the will did indicate that personal items were to be split between sister and myself. this was a handwritten note by my parents and was with the will in the safe deposit box.
 

divgradcurl

Senior Member
this was in addition to the will. the will did indicate that personal items were to be split between sister and myself. this was a handwritten note by my parents and was with the will in the safe deposit box.
Unless this additional document was executed with the same formalities as the will -- in other words, it is a codicil to the will -- then it is not binding on the executor. The only "wishes" of the deceased that matter are those in the will (or in a properly executed codicil to the will) -- anything else, even if signed, is irrelevant.

Since the additional document was handwritten, you could check to see if the document would qualify as a holographic will or codicil -- but if it doesn't, it is irrelevant.
 

momm2500

Member
Personal items

ok then what happens if after the will was in probate (not finalized) and the executor and myself went through the entire house and drew up a list of items I was to receive and we both signed and dated that. Is this considered valid and can I question why I did not receive the items the executor and I agreed upon? For example: mom and dad had area rugs in the house (they are worth at least $10,000 each) and the singed paper between executor and me indicates I am to receive 2 of the 5 in the house. Will that document hold up in court since we both signed off on it?
 

TrustUser

Senior Member
i am curious. on what grounds does the executor give that he would make changes ?

is there something in the will that contradicts this signed, but not notarized, document ?
 

momm2500

Member
the will indicates the following:

personal and household articles:

all my articles of personal and household use (including without limitation jewelry, wearing apparel, books, pictures, furniture, furnishings, consumables, silverware and objects of art and decoration) and all automobiles, together with all rights I many have under insurance policies on such property, I give to my son, John Doe and my daughter, Jane Doe, who survive me by 30 days, to be divided between them in whole or in part, as equally as possible, and in such manner as my Executos, in their abosolute discretion, may deem appropriate. Any of the the foregoing property that my Executors may deem unsuitable for distribution shall be sold or otherwise disposed of, and any proceeds shall be included in my residuary estate.


so I go back to my question: what is mine and if the executor does not want to give me the 50%, then what about the letter him and I signed off on? Can I hold him to that letter? Also, can an executor just take what they think I am entitled to and just dump it on my lawn without prior notice? Meaning he gave me mom and dads bed and when I showed up home from work it was sitting on my front lawn.


I need to know since I just received the so-called final accounting after 1 1/2 yrs after mom's death!
 
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