Can person give away things before death if they fear that their wishes won’t befollowed?

Get Legal Help Today

 Secured with SHA-256 Encryption

Can person give away things before death if they fear that their wishes won’t befollowed?

My mom’s Will does not specify that she wants everybody to have what they want before it sells. She is going on her wishes being told to executor of Will. He is not going to follow her wishes and is going to sell everything. Can she give away the things she wants to go to certain people before she dies? Can she add a codicil to her Will to specify that she wants family to have her things rather than be sold?

Asked on January 13, 2018 under Estate Planning, Tennessee

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

She can do either:
1) A will does NOT control what a person does with her belongings pre-death. Rather, a will should be read as "IF I still own the following when I die"--it expresses what happens if the testator (person making the will) doesn't give away, sell, lose, trade, etc. items before she dies. Your mother may give any of her belongings to anyone she chooses while alive.
2) A will can direct that certain objects be given to certain people, rather than being sold, so your mother could amend or revise the will do to this. She just needs to make sure that the amendment, codicil, revised will, etc. is signed and witnesses the way a will must be.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption