Legal Question in Wills and Trusts in New York
Determination of Estate contents
My mother recently passed and my sister was named the administrator of the estate. Although the will calls for ALL assets to be distributed evenly between the two of us, she is claiming she owns certain items in the house and they were only in our mother's house because she had no room for them at her house. The items have been in my mother's possession for over 20 years. My question is doesn't she have to prove these items are hers via receipts or a written agreement with my mother. I feel the items are part of the estate and should be sold and the proceeds divided evenly. Also is it a violation of her executor duties to remove these items from the house without accounting for their value in the estate. Also do I have the right to an independent apprasal of the estate assets and not just rely on her assessment of the value. Thank you.
1 Answer from Attorneys
Re: Determination of Estate contents
My condolences on your loss. And also on the discord between you and your sister.
You have an absolute right to an inventory of the estate and can demand an independant appraisal of the value of items. This is standard.
Your sister may claim items in the home are hers stored with your mother, but you may contest that claim. If she has receipts or other evidence then she will win, if not, then your position is improved.
It sounds like you have many small, mediam, and large items. I would recommend, if you choose to contest the probate in this way, that you agree to an arbitrator instead of making the main fight in Suurogates Court.
My best wishes.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
