Legal Question in Wills and Trusts in Illinois
Personally Property Problems
When my father passed away 17 years ago. My mother sold her home and came to live with me. She split up her furniture with her three kids. She passed away in January and named all 3 of us as beneficiaries. This wasn't a problem, we split up her back accounts, stocks, bonds, etc... I found out a month ago my sister wants the furniture in my home that was given to me. I told her it was mine, just like she got some when mom moved. My sister hired an attorney and they said I will have to prove ownership???? I said it's in my home isn't that proof! Mom has no listing of furniture and no reference in the will. Can you please tell me what my options are. I was told to just stick with the furniture is mine. If I say my mom gave it to me I may have to show proof in writing.
Thanks for helping
1 Answer from Attorneys
Re: Personally Property Problems
Sounds like the furniture was split 3 ways 17 years prior to her death? If the furniture was gifted to you and your siblings at that time, it was a gift and the furniture is yours.
I would say that the fact that you had it in your home for 17 years and there is no mention of it in the will makes it yours.
This answer should not be considered legal advise or a legal opinion. This hypothetical answer is based only on the hypothetical question you have posed. If you have any questions, please consult with an attorney who can review all aspects of this matter.
Good luck to you.
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