My sister, with whom I was very close, had told me, a niece, and another sister that she wanted to add my name to the deed of her home. She had an extensive portfolio of investments with my other siblings as beneficiaries. I was not then named as a beneficiary on any of those. When she became hospitalized for cancer, she had my sister call to have me come to Washington, DC to talk with her investment advisor to add my name to the deed of her home. She became increasingly more ill, had surgery, hospitalization, then died intestate without either of those wishes having been fulfilled. During her illness, I traveled from Boston (where I live) to be with her approximtely every 2 weeks from August until her death. Now I, among my 5 siblings, am not named as beneficiary on any of her bank accounts or investments. Since I was to inherit her house, I am unfairly excluded from any other of her assets (including the house). My sister, who she had call me and to whom she entrusted to handle her affairs while ill, will testify to my sister's intentions regarding me. My other siblings express no willingness on their own to share or include me in the relatively large inheritance they will receive as named beneficiaries. Even if I receive any part of her assets with no named beneficiary, it will be less than some children of 4 deceased siblings (many of whom never met my sister and had no relationship with her) will receive under Probate rules. I was unintentionally and now unjustly excluded due to her incapacity caused by the graveness of her illness and untimely death. With my sister's and my niece's testimony as witness to her intentions regarding me, do I have a chance of receiving her house when the estate is divided? There would be a discenting sibling who wants the house for herself in spite of receiving most of my sister's large bank assets. She died in Washington, DC. My deceased sister lived in and died in Washington, DC. She was unmarried, no children, parents deceased; 6 surviving siblings, 4 predeceased siblings--one is named beneficiary and each with adult children. I am the youngest, no children, and not a home owner.
05/17/2009 |
Category: Wills and Es... ยป Will Contests |
State: Massachusetts |
#16696
Gifts are not enforceable in the same manner that contracts are because they aren't supported by consideration, meaning that they are given without an exchange of something in return. Courts disfavor enforcing a promise to make a gift, and typically require the donee to prove detrimental reliance on the gift in order to enforce the promise. For example, if a person signs a pledge from to donate money to a charity and the charity signs a contract with penalties for cancellation to build a hospital wing based on this promised gift, the gift may be enforced.
If a person lacks mental capacity, any contract signed during the incapacity is subject to being voided. A contract may also be challenged if a party is a victim of fraud, force, undue influence, or the contract is a forgery. If a person waits until he or she suffers an accident or an illness, it could be too late to make a valid transfer of property. Contractual capacity requires ability at the time of execution of the contract to comprehend the nature of the act.
If another held a power of attorney, there may possibly be a claim that a fiduciary duty was breached. An agent under a power of attorney has a fiduciary duty to carry out the instructions of the principal. However, if the instructions were not in writing, there are evidentiary problems in proving the wishes and intentions of a deceased person.
