If my nephew was given a motorcycle in his stepfather’s Will but his son would like to have it instead in order to sell and pay off bills, is this legal?

Asked on September 26, 2015 under Estate Planning, Minnesota

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

Is the stepfather still alive your question does not clearly indicate? If so, he could give the motorcycle to his son even if it was in the will to the nephew. If the stepfather has passed, then the only way the son could get the motorcycle would be
1 if the son is designated in the will to get anything not taken by other beneficiaries and the nephew voluntarily disclaims the motorcycle, so it goest to the son instead or 
2 if the nephew either gives or sells e.g. at a favorable price the motorcycle to the son.


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