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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37088
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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How is tangible property usually divided ?

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How is tangible property usually divided ?
Hello and welcome! My name is XXXXX XXXXX I will try my level best to help with your situation or get you to someone who can.
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Can you give me just a little more information about your situation?
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Are you referring to assets like vehicles with titles in an estate or things like furniture?
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Are the assets specifically given to someone or are they just directed to be divided between any beneficiaries or heirs?
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Thanks
Barrister
Customer: replied 3 years ago.

my sister went into our fathers residence after he died and took tangible property out. she said she was given verbal authorization by our father but there is no proof other than what she said.


his will states we ( my sis and me) his only two children are to split everything evenly.


Can she do this ?

Can she do this ?

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No, she can not. If any personal property was not actually delivered to her with her taking physical possession of the property at the time, then it doesn't count. Even if father said "X I want you to have this when I am gone" it doesn't legally mean anything unless he gave her the item right then and there and she took it with her. If this didn't occur, then the will controls and you would split everything evenly.

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If you can't agree on who gets what according to value, then the named executor of the estate would be responsible for selling any personal property at an estate sale or auction. At the sale/auction, either you or sister could purchase any items that you wanted from the estate.

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The executor of the estate can compel her to return any items she took from his house so they can be disposed of according to his will. If she is the executor, then you can object to the probate court and notify the judge that she has removed certain items. The judge will then order her to return them to the estate for administration with any other personal property or assets.

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Thanks

Barrister

Customer: replied 3 years ago.

Dad was living with my sister for the last 8 months of his life and his health really declined the last month. He had some of his things brought to her house because no one was living in his house.
Are they still considered part of the estate even if they were in her house


and she is telling me that he said she could have them ?

Ok, that changes things a bit if the personal property was actually in her home and not removed after death. That makes her claim stronger that they were gifts from him to her. But if he just brought his own personal property to sisters because it made it more comfortable for him, I still think you could challenge it with the probate court judge if she wouldn't return the items to the estate.
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Thanks
Barrister
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