How can I make sure that the terms of a Will are carried out?

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How can I make sure that the terms of a Will are carried out?

My biological father left a Will in which myself and mother are listed. She retains property, vehicles, jewelry, etc, until she passes and then they are to pass to me. However my mother has 2 children of her own whomy father raised but never adopted. My mother wants to leave her home and property that my dad left to her to my half brother/sister. How do I insure that what my dad said about the things he intended on my mother having and then passing to me upon her death actually transpire.

Asked on September 6, 2011 under Estate Planning, Tennessee

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  The items of the Will matters here.  What I mean is that how you Father structured the bequests to you and to your mother will give us an idea of what can and can not be done with the assets  by your Mother.  If he gave her the items outright then unfortunately there is little that you can do about her passing it on if a different manner than your Father hoped.  If, however, he gave her only a life estate in the house with you as a "remainderman" then you would receive the house when she passes.  If he left the items as part of a trust wth you as the remainderman of the trust then again, they would pass to you.  But if he left them to her outright then he left them to her discretion really.  Get an opinion from an attorney who can read the document.  Good luck to you.


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