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my mother and father both passed away, my mom on the 1st of october, and now my father, yesterday. they have a will, i have 3 older siblings and 1 younger. they have a quaint house,paid for, several vehicle's and lots of antique collections. they neither one had enough insurance to pay for a full funeral, myself and my older brother both helped them out a lot with things like furniture, belonging cars and money things we give them. what i want to know is i would like all the things i personally give them go back to me, and not see another sibling recieve the stuff, one sister who is living at the residence, and has moved a man in with her, also she is recieving a nut check from dhs and dad was the over see'er of the check, what should i do, i have no money for attorne
heres what i want to do:
move in the residence today,, in my old bedroom,(because im living in an r.v.) mainly to make sure sister dont carrie out anymore stuff,(she has stole before from parents house.) what do i do?

2006-12-05 01:22:59 · 6 answers · asked by gigimaxwell 1 in Politics & Government Law & Ethics

6 answers

You need to contact an attorney in your state to find out exactly what your rights are. Also, you need to contact DHS and let them know that your sister's guardian/conservator has deceased.

2006-12-05 01:33:06 · answer #1 · answered by cyanne2ak 7 · 0 0

The things you gave your parents are not your things; they became your parents' things. They now belong to your parents' estate, and, under most states, will be passed to you and your siblings equally unless your parents left a will. If your parents have died without a will (intestate), then your parents estate has to be probated. Go to the courthouse and tell them this. What happens is that a personal representative will be appointed and they (perhaps along with an attorney) will do an inventory of the possessions, work out an equitable distribution system, see that any taxes will be paid (unlikely on this small estate), and distribute the assets of the estate. The attorneys' fee costs somewhere between 2-3% of the estate usually, and comes out of the estate. Once this gets going, you could be involved, and the attorney could ensure that your family is not diminishing the assets of the estate. Finally, this same attorney might help you with the guardianship issues with your sister.

"Squatting" won't do any good legally because you would be part owner of the property (through intestate succession), and your sister is likely part owner of the property, so you're not gathering any rights just by living at the house. It would probably be a good idea, however, just to ensure that she's not removing any personal property from the estate.

Call the courthouse to see how a probate estate is opened; contact an attorney; call legal aid if you have to--soon!

Each state is different, but here's an example of what you have to do in Washington State: http://www.wa-probate.com/Instructions/Opening/Opening.htm

And here's an explanation of probate in Illinois:
http://www.illinoisestateplan.com/sub/index.jsp?contentid=HkikL3qVUa5oyzxMP96Cpkt2

2006-12-05 09:48:35 · answer #2 · answered by Perdendosi 7 · 1 0

You really need to get an attorney. The money that you're losing by her theft of your property would easily cover the cost of a lawyer.

You can find one for a small retainer that will help you protect your rights. Without a lawyer, she's going to be able to take anything she wants.

.

2006-12-05 09:36:13 · answer #3 · answered by FozzieBear 7 · 1 0

Move back in. Possession is nine points of the law. This will also prevent the wholesale removal of things from the home. Contact legal aid, and ask for their assistance. Some places have attorneys, who work on a state susidy to assist people in your situation.

2006-12-05 09:28:39 · answer #4 · answered by Beau R 7 · 0 1

I am sorry for your misfortune and hope everything works out. I don't know you or your family so it is hard for me to answer this but if you and your sister get along good enough to live togather can't you work out something with the stuff? Talk to her and let her know that you want the stuff and to please keep it safe.

2006-12-05 09:29:13 · answer #5 · answered by joevette 6 · 0 0

go on the jerry springer show

2006-12-05 09:27:18 · answer #6 · answered by Anonymous · 0 0

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