QUESTION

can we keep the mower and trailer because its been at our house for 12 years.

Asked on May 09th, 2012 on Trusts and Estates - South Carolina
More details to this question:
My grandparents purchased a zero turn lawn mower, and utility trailer about 12 years ago. My grandfather always kept it housed at my house in my building. Both granparents recently have passed away and the mower and trailer both are still in my building. All their assets are in probate court currently. Basically i have had possession of this mower and trailer for 12 years and even had possession while they were both alive. They agreed i could have the mower and trailer. All of a sudden now their two sons which are my uncles decided to call me and tell me that they were coming to get it from my house and I told them no that the trailer and mower were given to me by them. Myself and my sister are in the grandparents will and we will be recieving some property and a house. They stated that they wouldn''t sign over the house to us if we didnt give them the mower. The uncle im referring to is over their estate. Their will states that in their death they get all remaining assets, property, ec
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1 ANSWER

Mediation (Family, Estate, Elder/Adult Care, Divorce) Attorney serving Tulsa, OK at Gale Allison, PLLC
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Do these items have titles, and if so, is your name on those titles? Do you have any very strong, independent proof that your grandparents wanted you to have these items, other than your say-so? If you don't have the titles to them in your name or jointly with your grandparents, give your uncles the mower & trailer because you do not own the items. The Will gives your uncles the remaining assets and property (this includes the trailer and mower). They don't belong to you now, and never actually did. Next time someone says they want to give you property like this, ask to be put on the title or buy it from them and transfer the title to your name. Property where you are on the title doesn't go through probate; it simply becomes yours alone when the other joint owner(s) die.The uncles can't hold you up on house & property. The probate judge will order how the property is to be titled and there is nothing your uncles can do to change that. So here are my recommendations:• If you don't hold a title, give your uncles the mower and trailer; the sooner the better.• Apologize to the uncles for being stubborn. You can say you were confused by your grieving and they may actually understand. • Although I doubt this will be necessary, after you have done the right things (above), if they try to hold up the process of distributing the house and property, hire a South Carolina probate lawyer of your own to intercede in your behalf. Grief and shock often make us take offense where none was originally intended. There is no need here to cause irreparable damage to family relationships. To Your Success, Gale Allison, Principal AttorneyAllison Firm, PLLChttp://www.theallisonfirm.comhttp://www.linkedin.com/in/galeallison.com
Answered on Jun 18th, 2012 at 1:46 PM

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