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AlexiaEsq.
AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11837
Experience:  19+ Years of Legal Practice in Family law matters.
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My father died 4 years ago and my mother is living with my

Customer Question

My father died 4 years ago and my mother is living with my sister. I am estranged from them at this time for various reasons, but would like access to pictures and certain family heirlooms that tell our family history. If I approach them and ask them for access to make copies and to have certain items, do I have any rights if they refuse to let me have access?
Submitted: 6 years ago.
Category: Family Law
Expert:  AlexiaEsq. replied 6 years ago.

DearCustomer

 

Thank you for your question and I look forward to assisting you. Please keep in mind that I can only respond to your post and the information contained in it, as I do not know what you know unless you describe it fully. Also, due to site tech reasons, oftentimes I am initially only able to see the first part of your post, so I apologize in advance if it means more interactions between us. Also, oftentimes there are future facts that are as yet undetermined in your matter, that can and must leave some areas of information provided by me broad in nature. However, don't hesitate to ask for clarification if needed! At times, there can also be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. That being said...

 

First, I am so sorry for the loss of your dad, and the other members of your family. It can not be easy, especially at this time of year.

 

This can get kind of tricky, but first you would need to determine who is the owner of these pictures and family heirlooms. If they were the property of your mom and dad, then they are possibly your mom's property now. If your dad left a will, and made your mom the beneficiary as most spouses do, then all that was his alone would also be your mom's. However, if he left anything specifically to you, that of course, you have a right to. Unfortunately, you don't have a right to things just because they concern your childhood, memories, or your ancestors - it seems intuitively strange and perhaps wrong, I know, particularly from your perspective. But as a matter of law, it really depends on who is the owner of the property.

 

Let me know if you need clarification and again, I am sorry for your loss.

------------------

I believe I have answered your question and I hope you a better understanding of your legal issue as a result. If so, please click the GREEN "ACCEPT" button NOW, in order that it be recognized as such and I receive credit for same from the company. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated. If you need additional related follow up on this particular question afterwards, don't hesitate to Reply. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Thanks!

 

Sincerely,

 

Stephanie Joy

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back the next day, so never fear.

Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up if needed. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided or state whose law would apply, if any. My licensing credentials are noted in my profile, which you have full access to. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11837
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
Thank you for your input, it is disappointing, but not unexpected.
Expert:  AlexiaEsq. replied 6 years ago.

I'm sorry if it means you are in a difficult spot with this. Perhaps asking for copies of photos, and being willing to pay for the copies will work for you. (Maybe they will agree, but may insist on making the copies themselves rather than handing the originals over.)

 

I wish for you, perhaps, a situation where you can reconcile and put the past differences behind you - it is hard to be without family.

 

I wish you well and a happy holiday.

Sincerely,

Stephanie Joy

AlexiaEsq., Managing Attorney
Category: Family Law
Satisfied Customers: 11837
Experience: 19+ Years of Legal Practice in Family law matters.
AlexiaEsq. and 2 other Family Law Specialists are ready to help you
Customer: replied 6 years ago.
If my mother passes away and there is no will, do I have any legal recourse to be able to have access if my sister has these in her possession?
Customer: replied 6 years ago.

If my family were different people, that would be possible, unfortunately they are not very nice, or generous.

 

Thanks,

Expert:  AlexiaEsq. replied 6 years ago.

dearCustomer

 

Yes, you would have equal rights with your siblings. Here is TX law of intestacy, which is what it is called if a person passes without a will:

 

The distribution of the property of an unmarried intestate (I am assuming your mom is unmarried) is governed by Probate Code § 38(a). Real and personal property are treated the same.

 

If your mom is survived by one of more descendants (e.g., children or grandchildren), then all of the intestate's property passes to the descendants.

 

If the heirs are all of the same degree of relationship to the intestate, then they take per capita, i.e., each heir takes the same amount. For example, if all takers are children, each receives an equal share.

 

If the heirs are of different degrees of relationship to decedent, e.g., children and grandchildren, the younger generation takers share what the older generation taker would have received had that person survived. For example, assume that Grandfather had three children; two of whom predeceased Grandfather. One-third passes to the surviving child, with one-third passing to the children of each deceased child (grandchildren). If each deceased child had a different number of grandchildren, the shares of the grandchildren will be different. For example, if one deceased child had two children, each gets one-sixth; if the other deceased child had three children, each would receive one-ninth.

 

Hope this helps to clarify!

 

Hang in there!

Stephanie Joy

 

 

I hope you have found this additional information informative and/or helpful. If so, please click the GREEN "ACCEPT" button NOW, on 1 or more than 1 answers, in order that it be recognized as such and I receive credit for same from the company for the time and effort. Your promptness is greatly appreciated. In addition, Positive "FEEDBACK" and BONUSES are also appreciated, particularly when the customer included multiple questions in their single post and multiple answers and interaction were provided by the expert. If you need additional related follow up on this particular question afterwards, don't hesitate. And if you would like my assistance in the future, just put my name, STEPHANIE JOY, in your title or first sentence of post. Thanks!

Sincerely,

 

Stephanie Joy

 

Please note: A times there can be a delay of an hour or more in between my answers because I may be helping other customers or taking a break. In addition, if it is late at night, EST, and we are between postings, I may go get some shut eye, but I'll be back, so never fear. On Saturday, there will be greater gaps in time due to scheduling, for any needed follow up, but rest assured, by day's end it will be done.

 

 

Legal Disclaimer. The information given by me here is not legal advice. You should not and may not rely on anything on this website as legal advice and you agree that the nominal price you may or may no pay for information here clearly does not pay for any legal advice. I am neither establishing nor accepting an attorney-client relationship with you. The only method of gaining an attorney/client relationship with me is via a retainer and fee agreement at my standard billable hour rate of $275.00, which is not offered via this site. I am providing only research, resources, opinion and information for you to be informed and educated about your particular needs and my answer is limited to the facts presented with the understanding that you will do your proper due diligence and appropriate follow up. I do not provide general or specific legal advice on this site. I also do not claim to be licensed to practice in the state where this information is being provided or state whose law would apply, if any. I strive to provide quality information, but I make no claims, promises or guarantees about the accuracy, completeness, or adequacy of the information contained in or linked herein and its associated sites. As law is always changing, you are recommended to speak with the appropriate legal counsel for accurate and complete information. Thank you and have a great day.

Expert:  AlexiaEsq. replied 6 years ago.

DearCustomer

 

Ah, I'm sorry about your family. Yes, sometimes there are just some bad eggs, and a fall out is not just due to a misunderstanding or a small-thing simply taken too far. Sometimes someone (or plural) simpy are not nice and just don't get the bigger picture. I am so sorry if this is your situation you are in. That being the case, you are likely better off without them, as you have probably already surmised - as you have more important things to do than be petty with them. And a greater life to lead.

 

I wish you all the best,

Sincerely,

Stephanie Joy

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AlexiaEsq.
AlexiaEsq.
Managing Lawyer/Advocate
2246 Satisfied Customers
19+ Years of Legal Practice in Family law matters.