Hello there -
Have you received any legal service of process from the probate court or from the son's attorney? Or was this just a request from the son?
Thank you for responding
Nothing from probate court.
I got a "Notice of Administration of the Estate of (name of the person) Decedent", I think its a form number DE-157, a form DE-172 Creditor's Claim that is not filled and a service list, with my name and address on it, from the son's attorney.
This is all I got. The rest were just phone, email and in person conversation with the son.
Hello again Lavi -
While this entire situation is unfortunate, if you are certain that the brother is the administrator of the estate then it is legally true that the sister really had no right to give you the personal items of the deceased woman without the brother's permission. Only the administrator of an estate can legally dispose of anything from the estate -- including clothing and things that really do not seem to have any real value. You did absolutely nothing wrong here, but if you still have the items, my suggestion is to return them to him -- but make sure that you get an inventory of every single item that you have and that you give back to him and make him sign a receipt for it -- that way you can keep yourself out of any court battle that may be brewing over this entire estate. Once you have a signed inventory receipt, if you get any court summons or inquiries from anyone in the future you can simply copy the receipt and let it be known that you gave the items back to the estate administrator. And, to answer your question regarding what would happen if you had sold or disposed of the items -- nothing -- he could try to sue you in court and claim that you knew you were not entitled to receive the items but he most likely would not be able to prove anything and the court would most likely drop any case against you. However, to avoid any court issues or problems, your best bet here is to return the items and get a receipt for everything.
Please let me know if you have further questions.
Please press the 3rd, 4th or 5th smile face below so I will be paid for my time. I am paid nothing unless you press a positive rating below. Pressing a positive rating below will NOT cost you any additional money -- it just acts as a trigger to Just Answer to pay me for my time. THANK YOU VERY MUCH !!
Thank you very much Mary. Everything is clear now. I give you a 5th face title="Cool"/>
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).