Legal Question in Wills and Trusts in California

Re: My Mom's estate

If she gave you the furniture as a gift before she died, it is yours. If your younger sister will back up your claim that should be no problem. As to the car, a transfer requires signing of the pink slip. So if she did not give you the pink slip, it will be harder to prove that gift.

Re: My Mom's estate

Essentially we do not have enough information to provide you with an answer...

1). Is your Mother's estate in probate? If so has the probate court ordered that the assets were part of the estate? If so, then yes, you do need to give the assets back, or else fight it in court.

2). Is there a creditor of your Mother's involved (did your Mother have a unsettled debt)? If so, were their other assets in the estate to pay the amount? If not, the court could order that the gift was made in anticipation of death and should be included in the estate.

3). Cost money? You mean probate, yes it does cost (potentially a significant) amount of money. However, if your Mother had less then 100,000 dollars in assets, and no real property (real estate/house/etc), then unless the heirs are contesting an issue.... you probably do not need to go through probate court. If you are referring to auction costs, yes there is usually a charge involved.