Something Not In The Will

[realmike15]

State: PA

My grandfather passed away a few weeks ago, after a long 5 month battle in the hospital. The day he went in for his first brain surgery, he made two things very clear one of them being that he wanted me to have his car. He told this to his Girlfriend, and my Mom and his youngest Daughter. There are 4 sisters in total, and one girlfriend. I found out after he died that I was in the will for $10,000. According to the will, which was drawn up before he decided he wanted me to have his car... the assets are divided up between the 4 sisters, and the two grandsons get $10k each. His girlfriend is not in the will, so she is completely unbiased to the matter.

His one estranged daughter doesn't want me to get the car because it's not in the will (she was only added to the will weeks before going into his first surgery. My one aunt who has power of attorney is afraid to do anything other than exactly what the will says for fear of being sued. My Mom, his Girlfriend, and my youngest Aunt all want me to have the car... because they want his wishes honored.

I guess I'm just looking for advice on how to handle this. No final decision has been made by the estranged daughter, or my aunt with power of attorney. My mom was also told through doing some research that cars are not really supposed to be left in wills because they cause complications with appraisals and other issues. My mom and youngest aunt and his girlfriend are of course very upset about the whole thing, because they all feel his wishes should be honored. I'm not sure if I have any recourse, but I'd like to know should either of them come back and say "no" what else I can do.

 

[tranquility]

Since a car is a titled item, he could not make a present gift unless there was delivery which would require signing it over to you. Also, his words cannot supersede his will or the statutes of intestate succession.

Sorry, but unless they willingly give it to you, it is not your car. You have no legal avenue to argue differently.

 

[curb1]

The Aunt does not have a power of attorney. That ended when grandfather died.

Tell "mom and youngest aunt and his girlfriend" that they shouldn't be "very upset" about the car. This is about business, now and not feelings, or verbal wishes.

Who is the personal representative stated in the will? Is the will being submitted for probate?

 

[realmike15]

The Aunt is not have a power of attorney. That ended when grandfather died.

Tell "mom and youngest aunt and his girlfriend" that they shouldn't be "very upset" about the car. This is about business, now and not feelings, or verbal wishes.

Who is the personal representative stated in the will? Is the will being submitted for probate?

My aunt is the personal representative as well. I should probably mention she is a lawyer. I'm not entirely sure if it's being submitted for probate though. I think the people on my side are more upset because it's not about business, but rather greed and not honoring his wishes.

 

[Zigner]

My aunt is the personal representative as well. I should probably mention she is a lawyer. I'm not entirely sure if it's being submitted for probate though. I think the people on my side are more upset because it's not about business, but rather greed and not honoring his wishes.

His wishes are clear-cut...right there in black and white. In fact, the pers. rep. has a fiduciary duty to all beneficiaries to do as the will specifies...

You're out of gas here. The car should be sold and you should receive your share. If the other beneficiaries are so set on you getting their share of the car, then they can gift you their portion of the proceeds from the car.

 

[realmike15]

His wishes are clear-cut...right there in black and white. In fact, the pers. rep. has a fiduciary duty to all beneficiaries to do as the will specifies...

You're out of gas here. The car should be sold and you should receive your share. If the other beneficiaries are so set on you getting their share of the car, then they can gift you their portion of the proceeds from the car.

Unfortunately, in the world of reality. People don't always remember to update their will, so no his "final" wishes aren't being honored. You're talking about what will hold up in court, which is not the same as what his true wishes may have been.

Case in point. If I write a will that says my mom and dad get my assets divided equally. Then decide that I actually want those assets divided up 3 ways to include my brother.... and I fail to make those changes to the will before I die. Well obviously my final wishes are not being followed, regardless of what my will says.

Pretty simple to follow if you ask me...

 

[anteater]

How much is the market value of the car?

Offer to take the car in lieu of the $10K.

 

[realmike15]

How much is the market value of the car?

Offer to take the car in lieu of the $10K.

Car is worth about $18k. The main gripe the four of us have with that option, is that I'm being cut out of the will. They want what he wanted, but it sounds like I have no legal recourse based on the responses. So I guess I just have to cross my fingers.

 

[curb1]

In reality, his "final wishes" are the same as his "final will". No one should be losing sleep over this one.

 

[justalayman]

My aunt is the personal representative as well. I should probably mention she is a lawyer. I'm not entirely sure if it's being submitted for probate though. I think the people on my side are more upset because it's not about business, but rather greed and not honoring his wishes.

your aunt, the former agent of the POA and current PR, who is also a lawyer said this:

My one aunt who has power of attorney is afraid to do anything other than exactly what the will says for fear of being sued

Your aunt, who should know how to read all of the available books containing the states laws and interpretations is expressing concern in that manner?

Your aunt should understand her fiduciary duty due to her position and should have no problem determining what she can and cannot do.

and why would you not ask your aunt, the lawyer, exactly what you asked here?

 

[realmike15]

In reality, his "final wishes" are the same as his "final will". No one should be losing sleep over this one.

We're not talking about the law anymore, we're talking about someones dying wishes. His final wishes were expressed to 3 different people, but he failed to update his will to reflect that. It's not a hard concept to grasp.

I have no legal grounds I accept that. But it's very to understand why if someone forgets to update their will, or trusts that the family will do what you asked verbally, that a will may not always be the persons current wishes.

 

[justalayman]

realmike15;2753444]We're not talking about the law anymore, we're talking about someones dying wishes.

we are talking about the law whether you are or not. His will is considered to be the expression of his intent. Failing to change it to reflect some change of mind does not invalidate the will. Only a legal alteration or writing a new will would do that.

But it's very to understand why if someone forgets to update their will, or trusts that the family will do what you asked verbally, that a will may not always be the persons current wishes.

absolutely true and that is why a person needs to update their will if they have a change of mind about anything within the will.

 

[realmike15]

your aunt, the former agent of the POA and current PR, who is also a lawyer said this:



Your aunt, who should know how to read all of the available books containing the states laws and interpretations is expressing concern in that manner?

Your aunt should understand her fiduciary duty due to her position and should have no problem determining what she can and cannot do.

and why would you not ask your aunt, the lawyer, exactly what you asked here?

Because she's reluctant to honor what he had told us verbally, for reasons she hasn't even completely explained. I wanted to seek advice from unbiased third parties, since me getting the car directly effects how much money she will end up getting. She is my aunt, but I wanted an outside a opinion... to put it simply.

 

[realmike15]

we are talking about the law whether you are or not. His will is considered to be the expression of his intent. Failing to change it to reflect some change of mind does not invalidate the will. Only a legal alteration or writing a new will would do that.


absolutely true and that is why a person needs to update their will if they have a change of mind about anything within the will.

As I said, I understand that legally I have no recourse. But I am confident that these were his wishes, validated by 3 other people. Unfortunately, I guess he thought he could trust all of his daughters to honor his verbal wishes, despite that the will says something differently.

 

[justalayman]

Unfortunately, I guess he thought he could trust all of his daughters to honor his verbal wishes, despite that the will says something differently.

well, he only has to abide by the laws of God. Those remaining here must abide by the laws of the state. It has nothing to do with trusting his children to do anything. It is simply a matter of what the law allows.

Because she's reluctant to honor what he had told us verbally, for reasons she hasn't even completely explained.

most likely because she knows she cannot legally enforce the wishes of your g-father outside of what is stated in the will. She would make herself liable if she were to do that.