Written last wishes but his wife wont let us receive these item, what can we do?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
Written last wishes but his wife wont let us receive these item, what can we do?
Hi ok so our very very dear friend
passed on mon and he won’t some things
down that he wanted to give to us, he
gave us his car keys but his wife wont
let us take the items he wants us to
have nor will she let us in the house
to get the other items he also wrote
down for us, might I say the only time
she was ever around or involved was
when he was on his death bed is the
anything we can do?
Asked on May 18, 2016 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 7 years ago | Contributor
If the "written last wishes" were in the form of a properly executed and notarized will, his wife must honor them; if she won't, you could sue in chancery (or surroages or probate--it can go by several names) court to enforce the terms of the will.
But if the written last wishes are not in the form of an actual will, they have no legal effect or power: only wills control what happens to property after death. So if the wishes are not in a will, the wife is free to ignore them, if she chooses.
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.