Adice needed to avoid conflict...?

Question

I own property in which I have given my mother life estate to. This was done by a deed through a lawyer; not a will and not self done. It is my understanding that:
*) Life estates terminate immediately upon the death of the life
tenet (my mother) and pass by law of operation to the remainderman (myself).

*** Situation: Mother is dying. My sister; the only other child, has drawn up a will for my mother naming herself as executor.

* Question: Property does not pass through probate hence the only probatable assets would be the contents of the house (my mothers belongings). When mother passes, sister will for sure rush to the property to secure contents. How do I protect myself from her since I will own the property excluding the contents of the house. How do i provide her with the contents w/o her lying later saying I didn't give her everything. I have been told not to let her on the property w/o letters of testamentary. She is dramatic, how do I protect myself?

Doesn't she have to provide me with some documentation stating she has rights to the contents of the house. Honestly if there is someway that I can just give her everything and get it over with that would be great. However I know her and she will only attempt to complicate the situation. She has known for quite sometime that mother is dying and that she could go and get all her belongings, this is what an executor should do anyway to ease their duties after the death anyway. Since I own the property...I do have say to whom comes on the property (don't I) b/c its difficult to say who she will bring to the property will her when she decides to start the conflict. It would just make since to me if she could just provide me with documentation and have a innovatory list that her and myself could both sign off on stating that she has claimed all of mothers belongings and nothing else remains in the property that would be of the probate process.

Answer 1

If your mother gave a written will stating who gets her stuff then proof is needed to prove who gets it. If you own the property you can protect it. regardless of the contents in the house. they become yours if it isn't in any form of will. If she has a will stating she gets your mothers stuff then a court will have to decide if you have to let in to the house to get them stuff. but if no will has been written on her behalf then the owner of property owns every thing on it.

Answer 2

Any will that your sister draws up is meaningless. Your mother must draw up the will, not your sister. Any will that your sister draws up would be ignored by the courts. If your mother dies intestate, state law will determine how the estate will be divided. Most likely that would be split between you and your sister.

The house will pass back to you regardless of the terms of any will your mother signed. Your sister has no claim there. If you don't care about the contents of the house, let your sister have them.

Consult with an attorney; it sounds as if you may need one if your sister is trying to pass of some document she drew up as a "will."

Answer 3

First, I would want to inventory and document the personal property that is present at the time of death. This will protect you from a later claim of theft or negligence. I would do this (or have it done) with a video and an impartial observer.

You cannot release the items of personalty without a court order. Make this known to your sister by a letter.

An alternative would be for your mother to give your sister as many items of personalty as she can before her death.

Answer 4

I don't understand - what are you protecting yourself from? If she gets everything inside, are you expecting her to do damage to the house itself? She's your sister - drama queen or not, I really hope you're making a big deal out of nothing because two sisters fighing over someone else's things is ridiculous.
Change the locks immediately after your mother dies, then your sister cannot enter without your knowledge or permission. Fork over a couple hundred bucks and while you're all at the funeral, have movers pack everything up for you - and deliver it to her driveway. They'll give you a detailed list of the contents in each box - which you can then provide copies to her so she knows everything was packed and moved. Take before and after pictures.
This is really such a shame....

Answer 5

Why not contact the attorney who drew up the life estate and ask for professional advice? Also advisable is to video tape, or take pictures of everything in the house. Date the pictures or tape.
If your mother is able to at this point, have her gift the items to your sister now.
I am truly sorry for your impending loss. Hopefully you and your sister will be able to come together in your time of need to support oneanother.

Answer 6

relies upon on the conflicts... if those conflicts are some thing properly worth dealing with the worry of even thinking approximately, and the guy avoids it, i might call him/her: in denial sissy wuss immature if those conflicts are basically bits of immature nonsense with an immature man or woman and a man or woman avoids it, i might call him/her: clever greater mature