Legal Question in Wills and Trusts in Arkansas
Problems over personal property
My father passed away in Oct of 2002...he did not have a will.
Before his death he deeded his house to my sister so she would have a place to live. She never married and lived with our parents all her life. Never paid rent or helped with any house work. She has a job and was able to save lots of money because of living at home. My dad added mine and her name to all checking accounts, CD's and Stock. He did not own any one any money so the estate has all been taken care of...now for the problem.
My sister will not let me have my rightfull share of the personal tangible items in the house. I am only asking for a few antiques that have been in my family for years and asking for my childhood picture,toys and other things that belonged to me as a child. She says because dad deeded her the house that all the things in the house were now hers!!
The deed to the house was checked by our lawyer and it does not say that the things in the house are part of the house that he deeded to her.
How can I get my share...we contacted a lawyer that sent her a letter telling her what I wanted...she did not respond. If we have to go to court how much can I expect to pay...is there a way to do this without a court battle???
2 Answers from Attorneys
Re: Problems over personal property
unfortunately, probate battles are among the most bitter that can be. Is the "stuff" really worth it? That is only a question that you and sis can measure. The answer is that as you explained it, you have a right to a share of all of the cds, bank account, etc, but that is not in probate, it is an equitable thing for a civil suit. as to the personal property, you are entitled to a share in probate.
I realize that sounds confusing, but the personal property is all that, as you describe it, is part of the probate estate. The things that have someone's name becides the decedant are not part of the probate estate, but lie in a separate civil suit.
Bottom line is that you will pay by the hour for the service you are requesting and the end cost could be somewhere between 1K and 10K depending on how much time is expended.
Re: Problems over personal property
The first question is, "Did your father have a will?" If he did, that would need to be probated. As far as the items in the house, they are not necessarily your sister's just because the house is in her name. Any property that was actually your father's would be passed through to his heirs (if he didn't have a will). Were there any other brothers or sisters? The best solution would obviously be for you and your sister to be able to work this out without a court battle. If you and her are not communicating, you might try to find someone that could help the 2 of you work it out. If not, you can expect to spend as little as a couple of hundred dollars if the lawyer could work this out without going to court or possibly much more if you have to go to court. You may be charged by the hour for a lawsuit that goes to court. That would run your bill up to anywhere from several hundred to several thousand. Hopefully, you can find some way to work this out without a court battle.
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