If an item was left to someone in an unnotarized/unsigned piece of paper/will and they haven’t claimed it in two years, is it still rightfully theirs?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
If an item was left to someone in an unnotarized/unsigned piece of paper/will and they haven’t claimed it in two years, is it still rightfully theirs?
Mom listed items in her house on a sheet of paper. She never signed it or had it notarized. One item was a preserved Alaskan King crab she caught in 1967. Beside the crab it had Annette’s name listed. It has now been almost two years since mom’s passing and Annette, out of the blue, now says she wants it. It has been a fixture in the house for over thirty years. Is she entitled to it?
Asked on May 22, 2017 under Estate Planning, Florida
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 6 years ago | Contributor
Only a properly executed (that is, a properly signed and witnessed) will has any power to direct who gets what after a person dies. A unsigned "piece of paper," even if it otherwise looks like a will, is not enforceable. So based on what you write, this person has no rights tothe crab.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.