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LawTalk, Attorney
Category: Legal
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I am the ex of my mothers will,filed in delaware.She lived

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I am the ex of my mothers will,filed in delaware.She lived with me for a year before her death.During that time she gave me her few antiques and jewelry.My sisters want my to sell all and put money in estate.That is not what my Mom wanted.Please advise.Thank you.M.
Submitted: 5 years ago.
Category: Legal
Expert:  LawTalk replied 5 years ago.
Good morning,

I'm sorry to hear of the situation.

The simple fact is that gifts given to an individual during life, cease to be part of the estate and when the person who gave the gifts to another dies, those gifts remain the property of the person receiving them.

There is no legal obligation to return them to the estate, or sell them and give the money to the estate. Your sisters are out of line, and the law does not require you to do what has been asked of you.

I hope that you found my answer informative, that you are accepting of my efforts and that you will rate my efforts based on the knowledge I have provided to you.

I wish you the best in 2012.

Thank you.

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