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I am in MO. My Mother past in Oct 2017. My brother and I are…

I am in MO...

I am in MO. My Mother past in Oct 2017. My brother and I are equal owners in her personal property covered by a beneficiary designation. I have items in the home that belong to me that I did not move 4 years ago when I moved out of town. They were stored at my Mom's house. My brother is now saying that those items are part of the estate and have to be split equally. Is that how a judge would see it?

Lawyer's Assistant: What documents or supporting evidence do you have?

Of my ownership?

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

My brother called my ex husband to ask if the furniture I say is mine was what I brought with me when we divorced and he confirmed it was. When we had an auctioneer walk thru to give a value on the household contents, my brother told the auctioneer that I would be pointing out things that were mine and they were excluded from the valuation. He is now backing out of that agreement

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Answered in 3 minutes by:
3/8/2018
Jessica B
Category: Estate Law
Satisfied Customers: 1,642
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified

Hello. My name is ***** ***** I am a licensed estate attorney. I hope I may be of assistance with your question. Please remember to rate my service at the end of this session. Thank you! First, anything that is your separate party is not part of the estate. Now with that said you may be required to prove ownership of the items. One way to do that is produce receipts, bank statements, credit card statements, basically anything that may prove you bought the item.

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Many times with personal belongings people do not still have the receipts. Another way to prove ownership is by either having your ex sign an Affidavit in which he swears under the laws of perjury that the items are your sole property. If necessary he may also testify as a witness at a hearing before the judge.

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Customer reply replied 4 months ago
I've had the items for years. I don't have receipts from that long ago. I do have pictures of the items in my previous homes. What about my brother telling the auctioneer that the items were mine?
Customer reply replied 4 months ago
In addition some of the items are my children's, books, toys, pictures of them etc

I'm hoping your brother does not take this issue that far. One deterrent is legal fees he would have to pay out of pocket to challenge what items are not your sole property.

Telling the auctioneer the items were your property is helpful but very difficult to prove in court. The reason the statement is difficult is that your brother could simply deny he made the statement.

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I don't think your brother wants to spend thousands of dollars on legal fees over children's books, toys, and pictures.

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Customer reply replied 4 months ago
But the auctioneer could testify he did, right? I agree about the fees, but I want my things out of the house.

Yes, the auctioneer could testify or sign an affidavit as well. You may remove your items from the house, since they are your items. The ball will then be in your brother's court if he wants to file a claim in court for the property.

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Please let me know if you have an additional question. If not, please remember to rate my service. Thank you!

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Customer reply replied 4 months ago
it was helpful.

Thank you! Please remember to rate my service.

Jessica B
Category: Estate Law
Satisfied Customers: 1,642
Experience: Attorney at Donald B. Linsky & Associates, PA
Verified
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