Wht to do about a promise that a deceased never kept?
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Wht to do about a promise that a deceased never kept?
My father was killed in 2006. There was a lawsuit and we believe there was millions awarded. Our stepmother told us she would half anything she got with me and my sister. Of course we got nothing. Then she said she would leave what was left to our kids. Well she died a couple of months ago and I got her Will yesterday. She has left all to her nephew. Is there not anything I can do?
Asked on November 21, 2012 under Estate Planning, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
No, unfortunately, there is nothing you can do. An oral (verbal) promise made before death has no effect on how assets will be distributed after death and is legally irrelevant. Assets will be distributed according to a will, if there is one, or by the rules of intestate succession, if there is no will, ignoring a promise like the one you describe.
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