North Kingstown, RI asked in Probate for Idaho

Q: Can an attorney include something that was given away 2 years prior to changing a will ?

My mother’s ring was given to my oldest sister. My other sister went with my Dad to change his will to include she get 1/2 of the ring 2 years after my Mother passed and my oldest Sister was given the ring.

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1 Lawyer Answer
Nina Whitehurst
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  • Probate Lawyer
  • Crossville, TN

A: Nope. Once a person gives something away, it is no longer part of his or her estate; it is now owned by the gift recipient. The person who gave it away can mention it in his or her will, but that will not do any good because it is not part of his or her estate any longer. And to mention it in the will could create family discord and consternation and sometimes needless litigation, so it is a pretty bad idea to do so.

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