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?
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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 11 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.
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