Sister-in-law
Junior Member
What is the name of your state? Iowa
My question is regarding the contents of a lockbox which I jointly leased with my mother and brother. My mother passed away and my brother and I are the only heirs. He is executor of the will. Her assets were left in a trust which will divide 50/50. Beyond that, she specifically left him the house and personal property and he jointly owned her car. The only other assets were a joint checking account in all 3 names, and the lockbox in all 3 names- containing 6 to 8 pieces of antique men's and ladies' diamond jewelry. The checking account and lockbox were not held in trust - just joint ownership.
After considerable pressure my brother agreed to divide the checking account, but he will not divide the contents of the lockbox, on the grounds that it contains personal property and is therefore all his, despite the fact that I have been a co-owner of the box since it was opened. He also will not provide an appraisal, maintaining that he spoke with a jeweler who gave him an estimate of value and did not write it down or charge for his services. I believe the value to be considerably more than my brother has stated.
My lawyer happens to be the lawyer who drew up my mother's will. He was unaware of the existence of a lockbox or any jewelry when the will was drawn and says that the intent in the drafting of the will was that the personal property mentioned meant the contents of the house. However, he also advised me that to challenge my brother's interpretation of personal property I would have to go to court and it would cost at least $5,000.00. He also said that if I went to court he would have to resign as my lawyer.
My question is, is this a valid interpretation of personal property, and am I being correctly advised that my only recourse is to go to court. I know that my mother believed that the contents of the box would divide equally between us, but I cannot offer any proof of that other than she placed my name as joint owner on the box and had recently updated the box lease within a year of her passing. (We opened the box in about '97).What is the name of your state?
My question is regarding the contents of a lockbox which I jointly leased with my mother and brother. My mother passed away and my brother and I are the only heirs. He is executor of the will. Her assets were left in a trust which will divide 50/50. Beyond that, she specifically left him the house and personal property and he jointly owned her car. The only other assets were a joint checking account in all 3 names, and the lockbox in all 3 names- containing 6 to 8 pieces of antique men's and ladies' diamond jewelry. The checking account and lockbox were not held in trust - just joint ownership.
After considerable pressure my brother agreed to divide the checking account, but he will not divide the contents of the lockbox, on the grounds that it contains personal property and is therefore all his, despite the fact that I have been a co-owner of the box since it was opened. He also will not provide an appraisal, maintaining that he spoke with a jeweler who gave him an estimate of value and did not write it down or charge for his services. I believe the value to be considerably more than my brother has stated.
My lawyer happens to be the lawyer who drew up my mother's will. He was unaware of the existence of a lockbox or any jewelry when the will was drawn and says that the intent in the drafting of the will was that the personal property mentioned meant the contents of the house. However, he also advised me that to challenge my brother's interpretation of personal property I would have to go to court and it would cost at least $5,000.00. He also said that if I went to court he would have to resign as my lawyer.
My question is, is this a valid interpretation of personal property, and am I being correctly advised that my only recourse is to go to court. I know that my mother believed that the contents of the box would divide equally between us, but I cannot offer any proof of that other than she placed my name as joint owner on the box and had recently updated the box lease within a year of her passing. (We opened the box in about '97).What is the name of your state?