QUESTION

Can personal items given by a parent before the parent passes be taken from you after they have passed?

Asked on Jan 26th, 2015 on Estate Litigation - California
More details to this question:
Several years before my mother passed she gave me two of her personal necklaces. One was a graduation present and one was a birthday present. In her will she stated that I was to receive all her necklaces. Now my father's health is failing and both of my older sisters are starting to fight over money and property. They both want the necklaces that she gave me. Is there anyway they can be taken from me after my father passes? I.e. One or both sisters try to get my dad to change my mother's wishes in her will, by stating in his will that the necklaces should now go to them and taken from me? ( I have possession of them)
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1 ANSWER

Probate Law Attorney serving Los Angeles, CA
Partner at Mitchell A. Port
4 Awards
Once your mother passed away, her will became unchangeable.  Your father cannot change the terms of her will.  If it says all the necklaces are to go to you then that is what is supposed to happen.  However, your mother's wishes can still be undercut simply by your sisters gaining possession of a necklace in which case you may have a difficult time getting it.
Answered on Jan 26th, 2015 at 11:59 PM

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