Legal Question in Wills and Trusts in Pennsylvania

We built our house in 1992. My mom had an Antique Hi-boy that has been in the family for years. It was once appraised at $50,000. One day she showed up with my Dad and gave us the Hi-boy. My sister found out and was pissed. She wanted it.

Now Mom died (Dad died several years ago). My sister is handling the estate. The will says to divide my mom's property equally. My sister now says the Hi-boy is part of the estate and I need to give it to her to be appraised and possibly sold. I said she gave it to us, and she says Prove it.

The problem is, besides my wife, myself and my sister anyone else that heard it was a gift to us is dead. We have proof it has been in our house for all these years via family pictures but my Mom never wrote down that she gave it to us.

How do probate courts seem to rule on these matters? Our friends say possesion is 9/10th of the law.


Asked on 9/22/09, 12:23 pm

1 Answer from Attorneys
John Davidson Law Office of John A. Davidson

Hopefully you friend is a lawyer. The issue is did your mother make an inter vivos gift (a gift while she was alive) of the high boy. Your sister will have to convince the court its part of your mother's estate. Not an easy or inexpensive task.

{John}

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Answered on 9/28/09, 8:23 am


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