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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 111654
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Brother passed on 5 Oct 2013, leaving no real property but s

Customer Question

brother passed on 5 Oct 2013, leaving no real property but his w0ork tools *(which he gave to his son. His personal property ,work tools , some furniture and other items were left at sisters house where he lived from 2002 to 2013.( they are still there)
sister is being told that she cannot release them, without probate. Is this true?
Submitted: 1 year ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 1 year ago.

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

No, that is not true that it cannot be released without probate. Personal property is something that generally only goes through a small estate process, most times unless there is a particular heir being disagreeable no probate is done. The value of this property is not even worth a full probate. So you can do a small estate affidavit as the sister and you can file that in court and then distribute it to the heirs (see for sample of the affidavit, which you could get from the probate court: https://s3.amazonaws.com/uslf-previews/ME/ME-ET10.pdf).

So she is not being completely reasonable and what she is saying is not completely true.

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