QUESTION
Items from mother's 1st marriage w/my dad were left with me and she took the rest of items upon remarrying.My half sibling wants the items I own now.
Asked on Mar 08th, 2021 on Estate Planning - New York
More details to this question:
My mother has been married three times. She had lived with us for many years after her second marriage (stepdad died) and I have always been told that certain items should go to me and are at my home and have been for over a decade. Our mother took the items remaining to her current household that belonged to her and her second husband (half sibling's father). That in doing so, she's giving said items in current household to my sibling. No issues there, they would naturally go to her as they were gifts to her dad and our mother. There's a but....the items that I feel belong to me and have been in my possession for quite some time are always being questioned and demanded by my sibling even though they were wedding gifts to my parents (not her dad). I have a no-contact relationship with my sibling over her being emotionally abusive to me, entitled, lying, etc. But that doesn't stop her from being a jerk about the items in question and telling my mother to will them to her. Should I worry
1 ANSWER
Estate Administration Attorney serving New York, NY
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Damien Bosco, P.C.
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Hello. My name is Damien. I am an attorney in New York City practicing in the New York City metropolitan area. Your mother has a right to designate in a will who will get her personal property upon her death. She can split the property as desired among heirs or beneficiaries. Also, she has a right to gift personal belongings now. If she lacks capacity or someone is unduly influencing her to make decisions about gifting or bequeathing her property, that could be an issue of a dispute. In these situations, it is best for testators to put their wishes in writing in a will. If later it is determined the testator did not have the capacity to execute the will or was unduly influenced, then that would be a subject of an estate dispute. If you need any assistance, a New York Trusts & Estates Attorney could help you. If you wish to speak on the phone about it, you can call Damien Bosco, P.C. at (646) 452-7082 or email me at DamienBoscoEsq@gmail.com
Answered on Mar 09th, 2021 at 5:36 AM