QUESTION
What am I entitled to if my mom died while sharing apartment with my aunt?
Asked on Dec 31st, 2013 on Estate Planning - California
More details to this question:
My mom died December 24, 2013 while sharing an apartment with my aunt. am I entitled to my moms things? Mom lived with my aunt and shared all bills 50-50 am I still entitled to my personal belongings?
15 ANSWERS
Personal Injury Attorney serving Marksville, LA
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The Bryan Law Firm L.L.C.
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Yes, you and your siblings, if any, would be entitled to inherit all of your mother's property if she didn't have a will.
Answered on Jan 06th, 2014 at 5:07 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It depends. If all of the belongings were your mother's, then you would at least be entitled to a share of them. If they belonged to your aunt, then you are not entitled to anything, at least not yet. If you cannot tell what belonged to whom, then I think you are probably out of luck. It is often VERY difficult to determine who owned what personal items, because none of these assets have title. So proving it in court is always tough. It is even tougher to need to take your aunt to court over personal property.
Answered on Jan 06th, 2014 at 5:06 AM
It depends on whether your mother had a will which specified how the estate would be handled. If she did not have a will each state has rules on how property is distributed without a will; it is called intestate administration. Generally the spouse and children of the deceased have priority in the distribution of the estate.
Answered on Jan 06th, 2014 at 5:06 AM
Edwin K. Niles
Without a will or trust, Mom?s estate goes to you (and siblings?) unless she had a husband.
Answered on Jan 06th, 2014 at 5:05 AM
2 Awards
If your mother was not married, her children all share equally in her estate.
Answered on Jan 06th, 2014 at 5:05 AM
Thomas Edward Gates
If there are no other children, you would receive the balance of her estate.
Answered on Jan 06th, 2014 at 5:05 AM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Are you asking about your personal belongings or about your mother's belongings. Did your mother have a will? If not, you are her heir and your aunt is not.
Answered on Jan 06th, 2014 at 5:04 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Unless you have siblings, yes, you are probably first in line for your mom's property.
Answered on Jan 06th, 2014 at 5:04 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes as to personal belongings.
Answered on Jan 06th, 2014 at 5:03 AM
3 Awards
You are entitled to whatever is yours. Why wouldn't you be? If it was your mother's it will need to go through probate.
Answered on Jan 06th, 2014 at 5:02 AM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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Your mother's assets are in her estate. Such assets would include her personal property. The assets would be distributed in accord with her will. If no will then to her spouse, if any, and children. If no spouse, then her assets would be divided equally among her children with the descendants of a deceased child equally dividing the deceased child's share.
Answered on Jan 06th, 2014 at 5:01 AM
You are entitled to collect any personal possession that you had at your mother's apartment. Your mother's possessions must be distributed according to her will or according to the state's intestacy laws.
Answered on Jan 06th, 2014 at 5:01 AM
It depends. Does your mother have a will? Did she have a surviving spouse? Was anything held jointly? Are there minor children? You should employ an attorney to find out what your rights are with regard to your mother's estate. Likely you will need to probate her estate if she owned anything in her name alone (that being not in a joint account or without beneficiary designation).
Answered on Jan 06th, 2014 at 5:01 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Of course. However, you have an evidentiary problem: what was your mom's, and what is your aunt's? Personal advice, walk softly: your mom may not have owned anything that is so valuable it's worth blowing your family up. Work with your aunt, get things that are personal to your mom and important to you. Don't try to strip the apartment of furniture just because your mom bought it.
Answered on Jan 06th, 2014 at 5:00 AM
That she shared an apartment has nothing to do with her own possessions going to you. If you are the only heir, you would be entitled to all of her possessions. If there is a Will then that determines what happens to the estate assets.
Answered on Jan 06th, 2014 at 4:59 AM