How do I resolve my fathers last verbal request?
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How do I resolve my fathers last verbal request?
My father had an exstensive coin collection that my eldest sister removed from his home for safe keeping. His last wish was to divide the coins between all 4 daughters. It is 8 yrs now and the eldest sister will not give up the coins. What can I do?
Asked on May 22, 2009 under Estate Planning, Connecticut
Answers:
J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney
Answered 14 years ago | Contributor
If the request was made orally and no one was a witness and it was never written down than it becomes nearly impossible to enforce it. Your fathers estate including the coin collection will have to be divided as indicated in his last will and testament. If the matter has been probated than this issue should have been resolved during that process
Unfortunately at this point without some sort of evidence such as a written instrument regarding this wish your word that he made that statement does not suffice to enforce the division of the coins. Whomever the coins would be left to in the will is how they will be handled short of such a document
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