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DearCustomer- There is a difference in real and personal property. Since I have not read the will I can only base my opinion on the limited facts I have. If the will says that you are to receive the real estate and does not mention the contents or personal property then the personal property would pass separately under the will.
Assuming there are no other heirs involved and the will says something like "the rest and remainder of my estate goes to my two daughters" then you and your sister would have to split the remaining property including the contents of the house that are not part of the real estate such as drapes and built in appliances etc.
Generally it is easier and more economical to try to agree on which items each heir receives rather than selling everything. In this case you would be better off trying to keep items that would be necessary for living in the house such as TV, furniture etc. If you cannot agree then you would have to sell everything and split the proceeds.
If the will says that you receive the house "including the contents" then you could keep everything.
David Kennett - JD - Attorney at Law
This would be the law everywhere and as far as timing your sister will probably have to wait until the estate is opened and the debts are paid etc. If you can divide the property item by item you may be better off or simply purchase what you really want from your sister and let her deal with everything else.
The estate must be opened in order to transfer the real estate to you unless there was a survivorship deed in place. Until the estate process is dealt with you will not have to do anything with the personal property since it remains property of the estate, not the heirs.
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