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Dimitry Esquire
Dimitry Esquire, Attorney
Category: Estate Law
Satisfied Customers: 41221
Experience:  JA Mentor. I run my own practice that specializes in Estate Preparation and Administration
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If you have a piece of property that belongs to you and you

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If you have a piece of property that belongs to you and you let your parents use it, at their death does this item have to be inventoried with their belongings for the court. We are talking about the State of Mississippi. All heirs knew the item belonged to me and because they were angry at me, they inventoried the item for the court even through I picked it up before they inventoried. I have proof that item belongs to me. Parents died without will.
The estate lawyer will not do anything because the rest of the heirs took almost everything before the inventory and I knew the law about not removing anything before an administrator was appointed by Probate Court.
Thank you for your question. I will be happy to to try to assist you with your concerns.

My apologies but I am a bit unsure--by a "piece of property", do you mean 'personal property' such as an article of clothing, vehicle, or painting, or 'real property' such as a property on which your parent lived?
Customer: replied 5 years ago.
It was a wrought iron glider.
Thank you for your follow-up.

A transfer of personal property that you described, unless it was 'gifted', remains as YOUR property regardless of how long the other party holds it, or if they pass away with this item in their possession. If you let your neighbor borrow your lawn-mower, for example, even if he holds it for 10 years, the lawn-mower still belongs to you and not to him. This is a similar situation. Provided you can prove that the item is yours, even if at passing that item was with your parents, title is vested with you. You still would have to prove that the item is yours via evidence, but you could remove your own item and not provide this item for inventory (it is not their item to inventory for probate purposes).

Good luck.
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