Codicil problem

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What is the name of your state?What is the name of your state? Minnesota

Over 14 years ago my mother-in-law gave a family heirloom to my husband. We recently discovered that she wrote a codicil to her will 9 years ago that gives the same heirloom to a different relative. My mother-in-law has now passed away and the relative who is named in the codicil wants the heirloom. Who has legal claim to this item? Both people want the heirloom -- it is only worth about $1000 but has great sentimental value. Thanks in advance for any help.

 

[Dandy Don]

It is your husband's to keep. Please clear up the mystery and explain exactly what the "heirloom" is.

The codicil in the will can not be carried out since the item was given away previously. So the only question now is why would your mother-in-law mention the item in a codicil if she had already given it away? Maybe she didn't know the law about this aspect, or is it possible she forgot that she had given it away already?

 

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Codicil Problem

Thank you for your response. The heirloom is an antique hand organ, the type that you hand-crank to play music from different rolls that are inserted into the organ, similar to a player piano. My sister-in-law wanted the organ for herself, and when she found out that it had already been given to my husband, she simply told my mother-in-law that she wanted it, then typed up the codicil and gave it to her to sign. My mother-in-law did not like controversy and did not have the strength to tell her "no", so the paper was signed. By the time we found out about the codicil my mother-in-law was dying of cancer and it did not seem appropriate to trouble her with resolving the dispute.