Heir ticked off by clock giveaway

By McNichol & Tillem

Dear Len & Rosie, My aunt died and named her brother as executor. He gave a family heirloom, my grandfather’s clock, to the real estate agent who will be selling the house, even though both my cousin and I expressed in writing that we wanted it. I don’t really care who gets it, as long as it stays in the family, and this real estate agent is not family. He is a friend of my uncle.

I wrote to him and asked if he would reconsider. I offered to let him keep it for a while if he had sentimental reasons for wanting it, being my uncle’s friend, on the condition he will give it to me when he dies, or give me first right of refusal if he otherwise disposes of it. I even offered to buy it. He has not replied. I think this is unethical. Would the real estate brokerage be happy knowing their agents come into grieving families and rifle the heirlooms? Do I have any recourse? - Pat

Dear Pat, Don’t be so swift to blame the real estate agent. He didn’t take your family’s clock. It was given to him by your uncle. Blame your uncle.

When a family member dies, and the personal property is not specifically gifted in the will or trust, there are only two ways to divide it up among the beneficiaries. The easy way is where everyone gets together and more or less sorts it out on their own. The hard way is where one heir decides to ignore the wishes of the others, leaving the aggrieved family members to choose between accepting a raw deal or fighting back.

You need to pull out your aunt’s will. You will have legal standing to fight this only if you are a beneficiary of the will, and the will did not give your grandfather’s clock or all of your aunt’s personal possessions to someone else.

For example, if your aunt left her belongings to your uncle, then he had every right to give the clock away to his friend.

But if you are a beneficiary of your aunt’s estate, and you are entitled to a share of your aunt’s personal property, then you have standing to sue.

You can petition the court and ask for the judge to order the real estate agent to return the clock to the estate. You can also sue the executor for a breach of fiduciary duty for improperly disposing of estate property.

Be very careful. Even if you pull the clock back into the estate, you may not wind up inheriting it. The other beneficiaries have rights, too.

You will almost certainly spend more money in legal fees than what the clock is worth.

Len Tillem and Rosie McNichol are elder law attorneys. Contact them at 846 Broadway, Sonoma, CA 95476, 996-4505, www.lentillem.com. Len also answers legal questions each weekday, noon to 12:45 p.m., and Sundays, 4-7 p.m., on KGO Radio 810 AM.

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