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My Mother passed away. My brother and I are clearing the…

My Mother passed away. My...
My Mother passed away. My brother and I are clearing the house. There have already been issues. I have had a dresser that I used first in my personal address an here at my Mother’s house. I would like the dresser but he said he loa
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Answered in 7 minutes by:
3/26/2018
Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,956
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified

Thank you for your question. I look forward to working with you to provide you the information you are seeking for educational purposes only.

Unfortunately, without a will, you two share all property equally. If you cannot agree, it is going to cost you money for an attorney and litigation to have a court forcibly decide this issue for you. If you want to do that, you can file in probate court with an objection to distribution and drag the matter out in court, but at some point you need to weigh the costs of doing so.

You have a right to go to court though and object to the distribution and get the court to decide who gets what.

Please do not forget to leave positive feedback by clicking on the 5 stars at the top of your page, as the experts are not employees of the site and get no credit for spending time with customers unless they leave positive feedback. Thank you.

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Customer reply replied 3 months ago
loaned it to me. It had been in my grandmothers then he took it out. I told him I wanted it and he brought it over to my house. I did not think it was a loan. Now that it is in my mother’s house, how can I prevent him taking it? If I move it out of the house, what can I do? I have been had the dresser for about 25 years. The dresser is worth about $75-100 if sold. But priceless to me.

Thank you for your reply.

You need to file an objection in probate court to get the court to decide on the matter if you want to spend the money for a probate attorney to turn this matter into a contested probate.

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Customer reply replied 3 months ago
There is no probate hearing.
Customer reply replied 3 months ago
He told me I could do anything I want with furniture. But we did not address the dresser or did it?

Thank you for your reply.

Oh, but there will be a probate hearing if you cannot agree on the sharing of the property. So, you have to decide whether or not you want to contest, in which case there has to be a hearing or not to object and there will be no hearing.

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Customer reply replied 3 months ago
Okay in this case the money will speak. He doesn’t want probate.

Thank you for your reply.

So you will need to file an objection in probate court to get it started and pay the filing fee if he will not give in and give you the property.

Law Educator, Esq.
Category: Legal
Satisfied Customers: 125,956
Experience: JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
Verified
Law Educator, Esq. and 87 other Legal Specialists are ready to help you
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Customer reply replied 3 months ago
Thank you.

Thank you.

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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.

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