If a deceased person had a dying wish to give things from their estate to certain people and asked you to do it after they passed, do you have a legal right to it?

Get Legal Help Today

 Secured with SHA-256 Encryption

If a deceased person had a dying wish to give things from their estate to certain people and asked you to do it after they passed, do you have a legal right to it?

A family friend has passed on she asked one of her friends of at least 40 years, plus or minus a bit (not exactly sure how long they been friends or if that even matters). Anyway, they tried to respect the deceased person’s wishes, and even asked one of the inheritors if it was okay to pass out the things that were supposed to go to other people. They said of course you can go right in and take what was mentioned by the deceased. So they went in the house and got everything (still having a key0.

Asked on April 20, 2013 under Estate Planning, Massachusetts

Answers:

Victor Waid / Law Office of Victor Waid

Answered 8 years ago | Contributor

If the beneficiares, by statute or by the will, agree to the distribution of the personal effects of the deceased as she wished, that would otherwise have been included in the total estate, then there should be no problem, even though technically the items should have been listed in the petition for probate; often times, personal effects of the deceased are distributed informally in the family and close friends in this manner. There is no harm done, even though technically not legal when not documented beforehand or after death.


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