My mother has just passed away. I am the executer of her will. My mother has lived with me for quite some time, however my mother had a life estate at a property that my sister owned. That is were all her belongings are. Now my sister; the one who has the remainder interest in the property will not let me gather and collect moms stuff. Mom just passed away and she won't even let us in to get clothing for her. She is saying that moms life estate died with her and that she is the sole owner. She has also told me not to return to the property that she will have all of my mothers belonging put in storage and once I file the will for probate then and only would she allow me take the belongings. I know she now owns the property but can she take possession of the property that fast without letting us remove the contents. I thought as executor that I was able to gather my mothers belonging even though property has passed to her. She has already changed the locks and put no trespassing signs up
2007-09-28 08:00:08 · 10 answers · asked by Anonymous in Politics & Government ➔ Law & Ethics
wow, money will corrupt anyone won't it?
I feel bad for you. There has to be something you can do. I suggest you contact a lawyer.
2007-09-28 08:06:45 · answer #1 · answered by fairly smart 7 · 2⤊ 0⤋
I'm sure someone can give you a better answer, but I'll try.
I believe it really depends on what the will says. Was everything left to your sister, or just the property? Were the clothing left to anyone in particular? If they were left to you then you have a right to secure them. If she will not let you on the property to do so or is unwilling to meet you at another location then you should consider contacting the authorities. If the articles were not left directly to you, your sister, and no mention of them was made in the will then legally your sister probably does have the right to keep you from obtaining them. If this is the case a lawsuit will have to be filed in order to attempt getting some of your mother's belongings. If everything was left to your sister in the will you're out of luck.
As there was a will there had to be a lawyer. You should talk to him/her about this.
It does seem a little odd though that your mother put you in charge of her will, and in turn her legacy, and yet gave, seemingly, everything to your sister. No offense.
I would consider wiping my hands at the whole situation.
2007-09-28 15:08:39 · answer #2 · answered by J E M 5 · 0⤊ 0⤋
The life estate only covers the property, not your Mothers property. Not sure why the will was not filed in Probate before the death. This will probably cost a lot of money in taxes. I would contact a local law enforcement agency before I trespassed on the property.
2007-09-28 15:07:46 · answer #3 · answered by sensible_man 7 · 0⤊ 0⤋
Sensible is correct. The life estate ONLY covers the home.
As for the property, it is not yet clear if you have filed probate. I suspect not. If not, then do so immediately then once the Letters Testimentary are issued, contact an attorney for the estate and file an illegal detainer against the sister.
She is holding hostage assets of the estate which she knows she cannot do legally.
2007-09-28 16:05:29 · answer #4 · answered by hexeliebe 6 · 1⤊ 0⤋
Wow. Your sister won't even allow you to have clothes to bury the two of your's mother in? Disgraceful what people become when they see opportunities like that.
File for probate, get a lawyer and get your mothers' estate/everything else in order.
2007-09-28 15:09:07 · answer #5 · answered by Anonymous · 1⤊ 0⤋
You are going to have to get a lawyer on this one. The good news, your mother's estate will pay for the lawyer. Let your sister know this. If she continues the fight then she can look forward to a lawyer getting a very large chunk of what is left over. Maybe that will get her to let go of her controlling nature. As it is, she could be trying to hide assets from you and preventing you from distributing them according to your mother's will.
2007-09-28 15:04:41 · answer #6 · answered by A.Mercer 7 · 3⤊ 0⤋
Well technically, until the Letters of Probate issue you don't really have a legal entitlement to handle the belongings either.
Apply for probate asap.
2007-09-28 15:04:28 · answer #7 · answered by elysialaw 6 · 0⤊ 0⤋
I know you are both are grieving over the loss of your mother. Well this is how your sister is coping with the loss. Leave her alone to complete her grieving , I believe she wont be like this for very long. Don't get lawyers involved with this because it will place you both further apart. Besides loosing your mother you also will be loosing your sister as well. Do you think your sister will destroy your mothers things, I don't think so. This is the time to remember your mother not to be fighting your sister. Have you ever heard the term silence is golden. Avoid any contact with your sister , I know it will be hard but do it. She will eventually welcome you back with open arms. Just like you she also really truly loved her mother and she will not wanting to loose her sister as well. Remember people grieve in different ways as ogreish and as horrible as she may sound to us on how she is treating this situation, this is her way of crying for the loss of your mother. Just give yourselves sometime.
2007-09-28 15:30:50 · answer #8 · answered by Riley 7 · 0⤊ 1⤋
sounds like a bitter family
however i truly believe your sister is within her legal rites
2007-09-28 15:09:09 · answer #9 · answered by jim1 5 · 0⤊ 0⤋
Go to the magistrate judge. She can't do that.
2007-09-28 15:02:29 · answer #10 · answered by midnitrondavu 5 · 4⤊ 0⤋