What are my legal rights with this inheritance situation?

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What are my legal rights with this inheritance situation?

Dad left all to his wife in the will. However, he left strict instructions to her that
100,000 was to go to my sister and I. I have an email from him stating these
directions. What can I expect?

Paragraph of Email statiement from dad.

From xxxxxxx
Sent Thursday, February 12, 2015 308 PM
New Link Destination
xxxxxxxx
. . . I have another amount invested with the brokerage firm that is close to
100,000.00 and I am thinking if I have to go into a care facility that might give me a
start, I do not presume Xxxx would help me with that but she might. Frankly I dont
look forward to laying in a bed twenty four hours a day and knowing the eventuality.
I have made known to Xxxxx that if there is anything left over to make it available to
you two girls and not to her nieces.

He never went to a care facility. Died quite suddenly.

Asked on March 4, 2017 under Estate Planning, Arizona

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

If the instructions were IN the will, then you are entitled to whatever the will says you would get. But if they were not in the will, then the instructions are irrelevant and have no legally binding effect: ONLY a will, and not any other writing, document, or expression of intent controls what happens to property or assets after death. If he placed the instructions in an email, not will, they are not enforceable; the wife can simply, legally ignore them.


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