QUESTION
What can I do if my mother dies and she wants her belongings to go to me, her daughter?
Asked on Sep 07th, 2013 on Estate Planning - Michigan
More details to this question:
My mom's husband said he's keeping everything. If my mother makes a will and leaves her belongings (antiques she was given from my grandmother) to me (her daughter), will I be able to get them or will her husband be able to keep me from having them? These antiques are very expensive and old. They have been in my family for at least 100 years.
13 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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I he won't give them to you, you will have to go to court. Or she could give you the property now.
Answered on Nov 01st, 2013 at 6:47 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your mom needs to talk to an estate planning attorney. It sounds like your best bet might be to have your mother give you the items while she is alive. She can leave them to you by Will, but if her husband is going to fight you on it, I do not think you want anything to do with that. It would be a lot easier if she simply gave them to you, while she is alive.
Answered on Sep 12th, 2013 at 5:13 PM
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She can leave a Will giving you those items, but if he has possession of them it may be expensive to litigate the turnover of the same. Maybe she should consider gifting them to you during her lifetime. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 12th, 2013 at 5:13 PM
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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While still alive, your mother can make a will disposing of her half of the community property and all separate property. Items she inherited or received by gift are presumably separate property, unless she transmuted them. So if she leaves them to you in a valid will, you get them. Meanwhile, avoid making your stepfather into an enemy.
Answered on Sep 12th, 2013 at 5:13 PM
Probate Attorney serving Saratoga, CA
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Douglass Law Group
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In California, these items would be considered your mother's separate property. Her husband would have no claim to them as they are not community assets and you mom is able to leave them to you in her Will.
Answered on Sep 12th, 2013 at 5:13 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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He can try, but if the will says that you get them, you should get them. She should probably give you a copy of the will so that if he doesn't file a probate estate, you can.
Answered on Sep 12th, 2013 at 5:13 PM
Your mother has a number of options. She could have a will drafted that specifically lists each piece of furniture (including photos if possible) that she wants to leave to you. She could begin to turn over some of the pieces to you each year as a gift or you could buy the pieces from her at a fair market value price or some combination of the two. She could create a revocable trust and transfer ownership of the furniture to it with you named as the beneficiary after her death. If this is really important to the two of you, contact an attorney for specific advice.
Answered on Sep 12th, 2013 at 5:13 PM
2 Awards
She can make that will and leave those belongings to you. I suggest she be specific and she may consider giving you some while she is alive to ensure that you get them.
Answered on Sep 12th, 2013 at 5:13 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Your mother needs to make a will, and be very specific as to what she gives you, and maybe deposit the original will with someone other than you, who will pass the will on to you after her death for probate, with your mother giving you a copy so no one can claim you altered her will; the idea here is the original will needs to be in a place where it won't be destroyed by someone.
Answered on Sep 12th, 2013 at 5:13 PM
Employment Law Attorney serving Dana Point, CA
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Mains Law Office
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If your mother makes a will and leaves them to you as the beneficiary and these are heirlooms that are her separate property, then they will go to you. Inheritances are presumed separate property in California unless commingled and your mother can designate who her share of the community property passes to and who her separate property passes to. Kindly make sure the will is proper and witnessed by two independent persons in case the husband challenges it. Your mother also must be competent as that term is legally defined in California to make the will.
Answered on Sep 12th, 2013 at 5:13 PM
Thomas Edward Gates
If there is a will, the parties must comply with it. If your step-father fails to do so, you can file a motion with the court for him to comply. You should talk to a probate attorney.
Answered on Sep 12th, 2013 at 5:13 PM
If it is in the will, you should get the antiques. The will should describe what goes to you in clear and specific terms.
Answered on Sep 12th, 2013 at 5:13 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Your mother should give you those things during her lifetime. If she delivers them to you, end of story. If she leaves them in a will, you may have an extended legal battle in order to enforce the will.
Answered on Sep 12th, 2013 at 5:13 PM