Who will get the furniture on my father’s house if he had no will?

Question

My daughter has been the owner of my father's house for over 5 years. We assumed when he passed the furniture would go with the house as he asked my brother numerous times if he wanted anything out of the house and he said no. Now my brother wants the contents sold. My father had no will. Does the furniture have to be sold even if it was not my father’s wishes?

Norman Green · Answer

If your father's estate is not large enough to require a probate administration, then we must find a way to divide his property among his heirs. If all he has is the furniture, agree with your brother that you will have the furniture valued and that he will bear his share of any cost incurred. Then, sell what you don't want and give him half of the total value. So, if the total net value is $3,000, then he gets $1,500 if you and he are the only children and you have no deceased siblings who are survived by issue.

James Oberholtzer · Answer

The answer turns on who owned the furniture on the date of your father's death. If he gave it to your sister while he was alive, it is hers. It all comes down to proof. If nothing is in writing it may be one person's word against another's. If it is not a lot of money, it is better to just leave it alone.

Jayne Sebby · Answer

The state's intestacy laws will apply. Usually the assets of the deceased, after all bills and taxes are paid, are divided between the surviving spouse and any children of the deceased. So you and your brother and any other siblings will have to split the estate. Perhaps you can work out an arrangement with your brother to compensate him for the inheritance he would have received if the furniture and other assets had been sold.

Victor Waid · Answer

No, as the contents go with the house, and don't have to be sold. The old saying as far your brother is concerned, is "You snooze, you lose."

James Frederick · Answer

The question could be whether or not the furniture was part of the estate or whether it was gifted to your daughter at the time of sale. More facts are needed, for sure. Is there an estate open? If not, let your brother open one, for the furniture. It will cost him hundreds of dollars, if not more, to do so. My guess is he will not proceed. If an estate IS open, then you should contact a lawyer. You would be entitled to half of the proceeds, at a minimum, as well. There may be other options as well.

Christine James · Answer

If it belonged to your father's estate and he had no will, it will have to be sold.  If your daughter wants it she can buy it from the estate.

Dara J. Goldsmith · Answer

If he had no Will, then it should go to his children equally.  If he has other assets, he may need to have an estate opened.  If he wanted the contents to go to one person, he should have left a Will.  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.

Ronald Stutes · Answer

Your father's wishes have no legal force if he did not put them into a will. When a person dies intestate, state laws of intestacy control. It is situations such as this that remind individuals that everyone should have a written estate plan, even with a small estate. The time and money it takes to do so would help so many families avoid contentious situations.

Randall Romei · Answer

Assets owned by your father, which would include his personal property and furniture, are part of his estate.  If the value is less than $100,000 then a probate need not be opened but assets could be collected and sold.  Without a Will the assets, or the net proceeds from the sale of the assets, would be divided amongst his heirs.  If there is no living spouse the children, born to or adopted by the deceased, equally divide the assets with the share that would have gone to a deceased child being shared by the descendants of the deceased child.

Brian Haggerty · Answer

If you leave no will, you have no "wishes." If you leave no will, the property passes per statute. If your father wasn't married when he passed away, then his children inherit in equal shares. So your brother owns an equal share of each thing that was your father's. What on earth do you mean, "My daughter has been the owner of my father's house for over 5 years?" The owner of a house is the person who is the grantee in the last deed recorded in the county records. Did your father deed the property to your daughter? If yes, is there some proof that he also gave her any of his personal property?

Thomas Edward Gates · Answer

If there is no surviving spouse, the children share equally in the estate. He may sell those items given to him in the distribution.

Mark T. Peters · Answer

Well, if he gave her the house, did he giver her the property?  If so, it is hers.  If not, yes, it should be divided between your father's children.

Find a Lawyer

Ask a Lawyer

Read Legal Articles

Ask a Lawyer

Read Legal Articles

Who will get the furniture on my father’s house if he had no will?

12 ANSWERS

Find Local Estate Planning Lawyers

Helpful Resources

Ask a Lawyer