estate woes

[katgo]

What is the name of your state? NY My mother passed away while I was caring for her in my home.I have only one sibling with things stipulated in will to be split 50\50. While I was caring for her in my home my sister entirely cleaned my mothers home out and removed the items to another state..this was prior to my mothers death. It has been over a year, no probate, she changed her phone number, not paying mom's bills etc.She said she had a right to do this as she was named as executor. It is not the money, it is the personal items of sentimental value I am grieving for.Is there any hope of getting these items back? She laughs and says possession is 9|10s of the law.My grief is overwhelming at times.

 

[Dandy Don]

If she withdrew the money before her death, that is illegal and improper, since she doesn't officially and legally become executor until she files for probate AFTER the death occurs. You need to be consulting with a local probate attorney to find out your options.

 

[katgo]

Thank you for your advice.I have a very good attorney.I don't want to whine about a vase I bought my mother when I was five to him because he is handling huge financial isssues related to this estate. I guess my question is more of an emotional nature. Can she be forced to return childhood memorabilia, or will I in the end just be reinbursed "value"? There are some things that are financially worthless but priceless to me as an individual.

 

[Dandy Don]

Why haven't you discussed this matter with your "very good attorney"? Possession is NOT 9/10ths of the law when it comes to probate matters and this was just a very weak excuse. As executor, she is supposed to distribute the possessions AS INSTRUCTED BY THE WILL and you have not specified what the will says about these items--and she is supposed to DISTRIBUTE them (which means sharing equally--NOT KEEPING EVERYTHING FOR HERSELF!!).

Talk with your attorney--you should be making a list of the things you want and give it to her--knowing what a witch she is, naturally she is not going to want to give you any of it, so maybe this is a matter that can be brought up in probate court for the judge to consider.

 

[katgo]

Thank you. I simply didn't want to call my attorney every time a question comes up, and I simply needed to hear this from someone else.This is a very large estate with properties in different states, so it seemed petty to ask about these small things, but when people are in grief, it is those things that are the most meaningful.thanks again.Will make a list.