before or after death. Does it matter?

[chrish3985]

What is the name of your state (only U.S. law)Georgia. Does it matter if an estate theft took place before or after the death of a parent? Sister claims items were given to her by my mom before her death. This is her excuse/defense after the items were discovered missing after moms death. She has no proof. These are heirloom items not specifically mentioned in the will. The case is in Probate. Most valuable are childhood photos. Sister refuses to make copies. Extremely vindictive! There are also a related question. Can I be reimbursed for work done on the estate home while mom was in nursing care. Not yet deceased? I am executor of this estate. Thank you.

 

[justalayman]

Yes it makes a difference if the items were taken before or after death. If after, it's clear they were taken unlawfully. In your situation, while you argue there is no proof they were gifted before your mother's death, can you prove they weren't?


As to you being reimbursed for expenses incurred prior to your mother's death; did your mother agree to pay you for the work? If not it is likely going to be seen as a gift to your mother.

 

[adjusterjack]

Does it matter if an estate theft took place before or after the death of a parent?

Sure, it does.

For example, if (after death) you have photographs of everything in the house and something turns up missing, you might have somewhere to go with it.

Sister claims items were given to her by my mom before her death. This is her excuse/defense after the items were discovered missing after moms death. She has no proof.

She doesn't need proof. You do. Personal property is presumed to be owned by the person who possesses it. If sister has possession, the presumption is in her favor unless you have proof otherwise.

These are heirloom items not specifically mentioned in the will.

Then there is probably nothing you are going to be able to do about it.

The case is in Probate. Most valuable are childhood photos. Sister refuses to make copies. Extremely vindictive!

Unfortunate, but let's face it, where were you when your parent was alive? You should have been getting duplicates made of all that stuff. My sibs and I always kept up to date with duplicates of family photos and documents while our parents were alive.

There are also a related question. Can I be reimbursed for work done on the estate home while mom was in nursing care. Not yet deceased?

No. Not unless the reimbursement was specified in the will or you had a written agreement with your mother regarding reimbursement. Without anything like that, all you did was make a gift of that work to the estate. Unless, of course, your sibs would agree for you to take those costs off the top. Though I don't expect your vindictive sister to allow it. Without unanimous approval you don't get anything back except your share of the estate.

I am executor of this estate.

On the bright side you are allowed by statute to collect an executor's fee off the top without anybody's consent.

Read the statute at:

http://law.justia.com/codes/georgia/2015/title-53/chapter-6/article-7/

 

[chrish3985]

Does it matter that I was appointed power of attorney at the time of the theft? Also, the first time I asked sister the whereabouts of the missing items, she told me they were in the family home. This was the date of moms funeral. (already deceased) Then later, she told me my brother had taken them. A 3rd time I asked she didn't know. Finally a 4th time she admits to having some, but not all the pictures. These conversations took place by text. I have copies. I wish to get these items returned. If not can i charge her? When does the cost become impractical? Thank you.

 

[justalayman]

Does it matter that I was appointed power of attorney at the time of the theft? Also, the first time I asked sister the whereabouts of the missing items, she told me they were in the family home. This was the date of moms funeral. (already deceased) Then later, she told me my brother had taken them. A 3rd time I asked she didn't know. Finally a 4th time she admits to having some, but not all the pictures. These conversations took place by text. I have copies. I wish to get these items returned. If not can i charge her? When does the cost become impractical? Thank you.

No it does not mattter. A poa would afford you no special powers regarding the property.

Her story is not necessarily inconsistent with a person gifted items where they felt it was nobody else's business.


The state's prosecutor charges people with crimes, not you. You can surely file a report with the police if you truly believe the items were stolen. I wouldn't suspect anything to come from it though.

 

[latigo]

What is the name of your state (only U.S. law)Georgia. Does it matter if an estate theft took place before or after the death of a parent? Sister claims items were given to her by my mom before her death. This is her excuse/defense after the items were discovered missing after moms death. She has no proof. These are heirloom items not specifically mentioned in the will. The case is in Probate. Most valuable are childhood photos. Sister refuses to make copies. Extremely vindictive! There are also a related question. Can I be reimbursed for work done on the estate home while mom was in nursing care. Not yet deceased? I am executor of this estate. Thank you.

(Yes it "matters"! It matters in the sense that no one pilfered anything from mom's "estate" before she died!)

Anyway, what I would have you do is to have the attorney for the estate make a written demand on the sister for the immediate return of the missing items, or be prepared to defend a civil suit for the conversion of personal property asking for their return or in the alternative a money judgment comparable to their value.

And here you would want to value the items in accordance with their irreplaceable "extrinsic value" and ask for a five figure judgment - like enough to make her piss her drawers!

The attorney will also explain to you that she has an uphill battle in claiming ownership of the items by way of gift. She must produce not just persuasive evidence, but CLEAR and CONVINCING evidence of mom's intention to make her a gift of the items. And her self-serving testimony alone will not do the job!

 

[chrish3985]

Back when mom was alive and in good health. Dad had been gone about 3 years. Mom gets sick, in and out of hospital. I came to see her about every weekend. 340 miles. Sister moves into the house with mom on the pretense of helping. Mom is too weak to resist. Things turn up missing, but you know mom is forgetful. Mother winds up in a nursing home. Sister calls the law on younger brother and claims abuse. He was charged with domestic something and is now on probation. After spending a week in jail. So sister had the house, but I asked her to leave because she wouldn't pay utilities or taxes. Nothing. But the brother would, so I threaten eviction of sister, got her to leave, but this is likely when she cherry picked moms house getting small, valuable thing. She took a lot, but the pictures and a cutlery set, I would like to get back. These are the pictures of my childhood. There were 3 folder. One for each sibling. That's how mom arraigned them. Sister turns into a raving maniac every time I try to talk to her. Given the background, I am scared to go around her. The risks far outweigh the benefits. There are things at the house I can get for a future "trade" if that is all I have. I was thinking that it didn't matter. Before or after death. Thanks for setting me straight. Like a punch in the gut! Seriously. You guys are great!

 

[adjusterjack]

You have no idea how common this type of family dysfunction is.

I read about it almost every week on these legal websites.

It's tragic but you do the best you can, then move on.