Legal Question in Wills and Trusts in New York
mother's estate/will
The attorney handling the settlement for my mother's will resigned. The will isn't settled as my mother asked that the contents of her house be left in tack after her passing-the house was signed over in my and 3 other siblings names before her death. My sister has taken furniture out of the house without the rest of our consent and has retained a lawyer who has stated she wants an auction of the contents of the house now to settle. Can she demand this?
4 Answers from Attorneys
Re: mother's estate/will
It is not clear from what you say whether New York law applies to your mother's estate, or New Jersey law. I could help you only with New Jersey.
The lawyer probably resigned because you are all fighting fiercely over a very little dollar value of property, and the attorney probably decided that he was not going to get paid and did not want to put up with the grief and time wasted.
I have no idea what the answer to your question is. You should find an attorney who is not too far from you, who handles estates. Pay that attorney to assist you. No advice over this bulletin board will solve your problems.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.
Re: mother's estate/will
It all depends upon the language used in your mother's will. If it was only a request, rather than a mandatory direction, that the contents of the house be kept intact, it is appropriate for the contents to be sold (or distributed among the children).
Re: mother's estate/will
Without reading your mother's will, it would not be possible to give you any competent advice. I suggest you make an appointment with an attorny in the area where the will was probated. If I can be of help, please call for a consultation. Our firm does Probate matters and Real Estate as part of our practice and would be able to help you.
Re: mother's estate/will
If your Mother "signed over" the house to you and your siblings PRIOR to her death, anything she stated in her will regarding the contents can not be enforced as she did not own the home in which she is "asking" that her contents remain.
I understand that your sister is violating the "spirit" of your Mother's wishes but not the law.
I can bet your Mother would be very disappointed to see any fighting.
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