What can I do if my grandma promised me something before she passed but my aunt refuses to give me the item?

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What can I do if my grandma promised me something before she passed but my aunt refuses to give me the item?

I have a witness whom my grandma told the same thing.

Asked on January 3, 2012 under Estate Planning, New York

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted from your situation.  Did your grandmother have a Will or did she die with out one, known as intestate.  Your Aunt must be the personal reporesentative of her estate, correct?  The one in charge of distributing the assets? Your grandmther's promise can be considered an oral bequest and such bequests are only valid in certain states and only under certain conditions. And in some states they need to be witnessed.  These times are very trying and your aunt is grieveing as well.  Try and approach her from the stand point of your feeling the loss as well and that it would mean a lot to you to have what your grandmother wanted you to have. As long as it does not violate the terms of a Will it is possible.   Good luk.  


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