My mother had an antique rocking chair in her bedroom. My brother says that the chair is his son's mother's chair. The chair was in mom's room because the chair was damaged and repaired. They damaged the chair and mom spent $500 to have the chair fixed. Mom was keeping the chair in her room until they repaid her the $500 she spent to repair the chair. Can the antique chair be considered part of the estate? Can I deduct the $500 from my brother's portion during the distribution of remain assets? My brother and this woman were never married.
State/Country relating to question: Georgia
Hello and thank you for the question. I am sorry to read of this dilemma.
The issue depends who it belongs to. If was given to someone as a gift it would belong to that person if there is showing and proof.
If not, it belongs to the mother and on passing goes into the estate.
I hope that is clear and fast
If I can clarify anything, please ask me
Yes, can I still deduct the repair from my brother's portion if he takes the chair for his son?
This would indeed be offset and reduced as part of the distribution if wrongly taken.
I am not sure what you mean by saying "if wrongly taken." Please explain.
The chair belongs to someone other than the deceased from what I understand
If so it does not belong in the estate
it would be returned to the owner
but the estate has a claim against the person who owed her $500
the person would need to repay the estate
Licensed attorney helping individuals and businesses
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