If you are not named in the Will yetthere is anote signed and dated by the deceased gifting you something was with final papers, is that note valid?

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If you are not named in the Will yetthere is anote signed and dated by the deceased gifting you something was with final papers, is that note valid?

A note from diceased was left with papers for the executor with a promise of a gift to an a party that is not in Will. Is the promise or gift note valid?

Asked on January 21, 2012 under Estate Planning, Illinois

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I am so sorry for your loss. Generally speaking, unless the piece of paper can be viewed as a codicil-or an amendment of the Will insome way - the courts will probably not view it as a valid bequest by the decedent.  I would speak with an attorney in your area on the matter and bring a copy of the Will and paper if you can.  The circumstances surrounding when it was written may also matter. Good luck.


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