IfI have been given valuables by a sick relative, uopn their passing am I legally obligated to disclose this to the other beneficiaries and/or to the probate court?

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IfI have been given valuables by a sick relative, uopn their passing am I legally obligated to disclose this to the other beneficiaries and/or to the probate court?

My father-in-law gave me a large quantity of precious metal from his safety deposit box. Currently he is still alive although he is ill. What are my obligations to the others listed in his Will?

Asked on August 31, 2010 under Estate Planning, Washington

Answers:

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

Answered 11 years ago | Contributor

There are many facets to this question and issues that need to be resolved before you can be guided to an answer.  When you say that he "gave" them to you it sounds as if he did so to hold, but maybe I am wrong.  Did he give them to you as a gift?  His intention will matter.  You can give away anything you own during your lifetime to anyone you want. But, is he "of sound mind" or is his judgement cloudy due to his illness?  If they were a gift and his judgment clouded then the gift could be set aside.  Or if they claim you "unduly influenced" him when he was in a fragile state. Take an objective look at the situation. Good luck.


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