Legal Question in Wills and Trusts in New York

My mother passed away without a will, she lived with me in my house. I have 3 siblings. My mother stated I was to take what I wanted and give away what I wanted to give away, there were a few items she wanted to go to certain people which I gave to them. My brother wants her T.V. she never said he could have, its in my house and we use it. Does he have a right to come into my house and take it? I care for her for 8 years and moved to Upstate NY to care for her in her sickness. Am I right to refuse him ?


Asked on 11/15/09, 3:30 pm

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

In the absence of anything in writing, what your Mother said to you is not binding on anyone for estate distribution purposes, and the value of her personal property is required to be split among the children, equally. However, (A) this does not have to be done in kind (giving someone the actual property rather than his/her share of its value) and (B) you may have a claim against Mom's estate for the costs you incurred caring for her, the value of which may be more than your sibling's share of the estate or the TV.

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Answered on 11/21/09, 3:15 pm


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