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I have a question regarding personal property ownership

I have a question...

I have a question regarding personal property ownership after death

Lawyer's Assistant: What state are you in? It matters because laws vary by location.

Minnesota

Lawyer's Assistant: Has anything been filed or reported?

No none of the items have been filed in probate

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

No I just want to know some legal rights

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Answered in 5 minutes by:
11/24/2017
Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,726
Experience: 30 years experience representing clients.
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Customer reply replied 7 months ago
My father recently passed away. My mom is in a memory care nursing home. My dad lived in a small home attached to mine I built for him. He has several personal items in the house. He has a number of guns. I would like to give one to my son to remember his grandpa. My siblings say I don’t have a right to give him one. The guns haven’t been recorded as property in any probate issue. I know my mom still has rights. But would it be legal for me to give my son one
My condolences for your loss. I am sorry to hear of your dilemma. I realize how frustrating this is for you and I hope to provide you information which is accurate and useful, even though it may not be the news you were hoping to get.
Unfortunately, your siblings are correct. The personal property of your late father’s, regardless of where it is currently located, is property of the estate and you can not exrcise rights of ownership without authority from the probate court or the representative of the estate.
Any interested party can file to open probate and begin the process of resolving claims and distributing his property to the heirs.
If you are given the guns then you are free to domwith them as you please. Until then, you risk liability to the estate if you misappropriate the property to give away.
I am sorry. I wish I could tell you otherwise, but ai do not want you spinning your wheels on this and incurring liability.
If (and only if) you are completely satisfied that your question is answered, please remember to leave a favorable rating (click 5 stars in the rating section on this page). It is the only way that I am credited by JustAnswer for answering your question.
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Customer reply replied 7 months ago
He did not have a will so there is no representative for the estate. My brother had power of attorney but I understand that ended upon my fathers death.

If he had no will then any interested party can petition to be appointed the representative of the estate.

You are correct, the POA given to your brother would have terminated on your father's death.

You may want to have an attorney to help you with the probate. If you need assistance finding local counsel try Martindale Hubble (site rules prohibit us from referring specific attorneys). Many attorneys, themselves, use this site to locate attorneys outside their jurisdiction or expertise:

http://www.martindale.com/Find-Lawyers-and-Law-Firms.aspx

It is a huge worldwide database searchable by location and specialty. The attorneys are peer rated. So, they represent the top of the profession.

Loren
Loren, Attorney
Category: Legal
Satisfied Customers: 38,726
Experience: 30 years experience representing clients.
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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).

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