QUESTION
Do I have any rights since I have possessed it for this long?
Asked on Mar 29th, 2013 on Estate Planning - California
More details to this question:
Almost 3 years ago, my father passed away. He had multiple guitars, albums, amps. He died at night and my mom wanted everything out of their house. So my sister and I took everything to my house. There was no discussion of who was going to get what. It has been at my house for almost 3 years. My sister and I both want one of his special guitars and my mom is saying no she wants everything back so she can sell it. As far my sister and I see it she wanted it gone that night and now she wants it back to just sell it. She is not willing to let either of us have anything.
7 ANSWERS
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
I believe you have asked this before. In any event, your mother does not have any legal authority to demand this, at this point. If she opens a probate estate, that would change. If that happens, I am not sure what basis you would have for keeping this. Why your mother would care is not clear to me.
Answered on Apr 01st, 2013 at 3:30 PM
This is a legal mess. I assume that no probate estate was opened and that there was no Will. If so, the property passes by intestacy. If you are all natural children of the surviving spouse, she gets everything. You get nothing.
Answered on Apr 01st, 2013 at 3:28 PM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
No, it belongs to your mother.
Answered on Apr 01st, 2013 at 3:27 PM
Probate Attorney serving New Orleans, LA
at
James G. Maguire
Update Your Profile
A lot would depend on whether or not your father had a will. If he left everything to your mother, the guitars, etc. belong to her, and you would have to return them. If no will, then you and your sister inherited your father's ownership interest, but your mother has the usufruct (use) of the items during her lifetime.
Answered on Apr 01st, 2013 at 3:27 PM
3 Awards
Possession of items does not make them yours. Without reviewing your father's Will and/or Trust, if there was one and without knowing the if the guitars were community or separate property and without knowing the value of your father's entire estate, I am unable to answer your question definitively. It is possible that none of you are entitled to them. He may have left a trust or Will leaving them to someone else. In Nevada if your father's estate is worth less than $100,000, even if he left a Will and assuming neither you nor your sister were under 18 when he died, your mother is entitled to them pursuant to Nevada's set aside statute. Whether she gave to you at the time may be fact driven. You should consult an attorney in person who can review the actual facts in your case. If they are her property, you may wish to buy them from her.
Answered on Apr 01st, 2013 at 3:27 PM
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
I already answered this question. You probably do not have any legal rights to take them solely as heirs of your dad, unless this wish was in a will or trust. However, she wanted you to take them and you took them so its a completed gift and they are yours, so if she files a lawsuit you can defend. If she has any right to get them back she must file a lawsuit against you to get them returned within 3 years from the date you took them, that is the statute of limitation on conversion of personal property. Give the above, please be careful, you will arguably alienate your mother completely if you do not comply with her request.
Answered on Apr 01st, 2013 at 3:23 PM
2 Awards
I already answered this question. I am sorry if you did not receive the response. You might want to ask the question in another forum such as Avvo.com or contacting an attorney directly.
Answered on Apr 01st, 2013 at 2:11 PM