When living my Godmother told me she was going to leave me half of a CD that she had. She has died.?

Question

She had a will that she had someone else appointed over. How will I know if I am actually going to get what she verbally told me while living?

Answer 1

If your grandmother died testate, her will will be probated and beneficiaries will be notified by either the personal representative or attorney for the estate. THE PROMISE OF HALF OF THE CD MUST BE IN WRITING. Usually, they will mail a copy of the will to the beneficiary rather than having a formal "reading of the will". Reading the will in the lawyer's office only happens in movies.

If grandma died without a will, one of the relatives must apply for letters of administration for her estate. Then, after payment of funeral expenses and debts, the estate will be divided among the intestate heirs [heirs as determined by the laws of descent and distribution].

Sometimes, people can have a CD registered in joint names with another person, or there could be a "POD" [payable on death] registration of the CD, if the bank permits such registration. If that happens, the CD is payable to the surviving joint owner, subject to inheritance tax, if any, on the value of the asset.

Oral promises aren't worth anything unless Grandma put it into writing. In many states, writings not ordinarily thought to be wills can be probated as wills, provided that they satisfy the requirements of that state's Wills Act. Pennsylvania's statute is rather simple. It will recognize any writing making a disposition which is signed "at the end thereof" by the testator or testatrix. It is best if witnessed, but non-subscribing witnesses are permitted. In my career, I have seen personal letters and even a suicide note probated as wills.

All of this is well and good, assuming that Grandma had assets to pass on. However, in some cases, the debts and funeral expenses may wipe out a person's assets, especially if Grandma had health problems before she died, or was in a nursing home, etc.

Answer 2

There will usually be a public reading of the will, and anyone mentioned in it will be invited.... usually within a week or two after the burial. If it's not mentioned in the will, it will likely go to her next of kin (spouse, children, etc.) If that happens, you have no recourse.

Answer 3

You have to have it in writing in order for it to be legal