How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask Barrister Your Own Question

Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22432
Experience:  14 yrs estate law, real estate. Wills/Trusts/Probate
Type Your Estate Law Question Here...
Barrister is online now
A new question is answered every 9 seconds

How is tangible property usually divided ?

Resolved Question:

How is tangible property usually divided ?
Submitted: 9 months ago.
Category: Estate Law
Expert:  Barrister replied 9 months ago.
Hello and welcome! My name is XXXXX XXXXX X will try my level best to help with your situation or get you to someone who can.
.
Can you give me just a little more information about your situation?
.
Are you referring to assets like vehicles with titles in an estate or things like furniture?
.
Are the assets specifically given to someone or are they just directed to be divided between any beneficiaries or heirs?
.
.
Thanks
Barrister
Customer: replied 9 months ago.

my sister went into our fathers residence after he died and took tangible property out. she said she was given verbal authorization by our father but there is no proof other than what she said.


his will states we ( my sis and me) his only two children are to split everything evenly.


Can she do this ?

Expert:  Barrister replied 9 months ago.

Can she do this ?

.

No, she can not. If any personal property was not actually delivered to her with her taking physical possession of the property at the time, then it doesn't count. Even if father said "X I want you to have this when I am gone" it doesn't legally mean anything unless he gave her the item right then and there and she took it with her. If this didn't occur, then the will controls and you would split everything evenly.

.

If you can't agree on who gets what according to value, then the named executor of the estate would be responsible for selling any personal property at an estate sale or auction. At the sale/auction, either you or sister could purchase any items that you wanted from the estate.

.

The executor of the estate can compel her to return any items she took from his house so they can be disposed of according to his will. If she is the executor, then you can object to the probate court and notify the judge that she has removed certain items. The judge will then order her to return them to the estate for administration with any other personal property or assets.

.

.

Thanks

Barrister

Customer: replied 9 months ago.

Dad was living with my sister for the last 8 months of his life and his health really declined the last month. He had some of his things brought to her house because no one was living in his house.
Are they still considered part of the estate even if they were in her house


and she is telling me that he said she could have them ?

Expert:  Barrister replied 9 months ago.
Ok, that changes things a bit if the personal property was actually in her home and not removed after death. That makes her claim stronger that they were gifts from him to her. But if he just brought his own personal property to sisters because it made it more comfortable for him, I still think you could challenge it with the probate court judge if she wouldn't return the items to the estate.
.
.
Thanks
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 22432
Experience: 14 yrs estate law, real estate. Wills/Trusts/Probate
Barrister and 7 other Estate Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
< Last | Next >
  • My husband has been driving me insane with questions regarding estate issues since his mother died. I'm not a lawyer! Thanks to JustAnswer, I was able to calm his concerns. Loretta T Illinois
  • Thanks Adam!! - A very direct and understandable response - you have been a great help! Happy Customer Ellicott City, MD
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
 
 
 

Meet The Experts:

 
 
 
  • Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
< Last | Next >
  • http://ww2.justanswer.com/uploads/MC/mclemorelawyer/2011-9-21_193631_IMGP8718Version2.64x64.jpg Thomas McJD's Avatar

    Thomas McJD

    Attorney

    Satisfied Customers:

    3076
    Wills, Trusts, Probate & other Estate Matters
  • http://ww2.justanswer.com/uploads/NY/nyclawyer/2012-6-7_22011_photo66139201112041.64x64.jpg Infolawyer's Avatar

    Infolawyer

    Attorney

    Satisfied Customers:

    3781
    Licensed attorney helping individuals and businesses.
  • http://ww2.justanswer.com/uploads/BA/barristerinky/2012-6-10_22423_office.64x64.jpg Barrister's Avatar

    Barrister

    Attorney

    Satisfied Customers:

    2188
    13 yrs estate law, real estate. Wills/Trusts/Probate
  • http://ww2.justanswer.com/uploads/RA/rayanswers/2012-6-7_23346_Untitled1.64x64.jpg RayAnswers's Avatar

    RayAnswers

    Attorney

    Satisfied Customers:

    1484
    Texas lawyer for 29 years in Estate law
  • http://ww2.justanswer.com/uploads/RO/RobertJDFL/2012-6-6_175352_7538220120606.64x64.jpg RobertJDFL's Avatar

    RobertJDFL

    Attorney

    Satisfied Customers:

    1226
    Experienced in multiple areas of the law.
  • http://ww2.justanswer.com/uploads/PH/philip.simmons/2012-6-7_161915_BIGPhilipSimmons.64x64.jpg P. Simmons's Avatar

    P. Simmons

    Attorney

    Satisfied Customers:

    770
    12+ yrs. of experience including estate law.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    754
    Fully licensed attorney in Texas in private practice.