My mother passed away and a sister that was living with her thinks that everything that was my Mother's is hers. Any advice? - AgingCare.com

My mother passed away and a sister that was living with her thinks that everything that was my Mother's is hers. Any advice?

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My Mother had 8 kids and there are 7 still living. The sister that was living with Mom at the time of death has not been fair in giving up my Mom's things and my Mom owned a car, washer, dryer, freezer, bedroom set, kitchen, and so much more. How do I take her to court to get some of the things my Mother left?

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The car has a title. That is not an easy process to just sign it. There are also sales taxes involved in this particular sale If she has no will and it needs to go through probate, expect a several month delay.
If mom owned the home, removing the appliances will also affect the sale. 
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Reply to MACinCT
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I'm not seeing any anger, just a lot of disagreement.
It would be nice if the OP had come back to clarify things because we are all just guessing at the details.
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Reply to cwillie
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My comment was not intended to anger anyone, but of course, it did.

ShakingDustOff - interesting to see you've returned to the forum.  I remember you.  
My comment was not aimed at you, but of course, you're free to believe it was, if that's what you want to do.  

Y'all have fun with this one. I'm out.
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Reply to AnonymousMember
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I agree that it doesn't really matter if sis was a caregiver or not given the negligible value of the belongings, but I don't think it's a foregone conclusion that she was. The mom may not have been sick a day in her life. The mom and daughter may have been living together just for companionship or to share expenses. The OP did not share these details so we don't know.
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Reply to CarlaCB
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huhjustme, so sorry for your Mother's passing. Has your Mother's estate been through County/City Probate yet? Depending on the net worth of the estate, either with a Will or without a Will, some State laws require the estate to go through Probate. Thus, nothing can be distributed. Everything sits in limbo. Some States can allow a house or a car to be sold at fair market value and the money goes to the Estate.

The County/City will appoint a family member to be the Administrator of the Estate. If Mom had money in the bank, then that account needs to change over to an Estate account, that way the Administrator can write checks to pay for bills. All the bills and copies of the checks need to be kept as the Court will request these items.

Now, if Mom was renting her home, then your sister would have needed to remove all of those belongings and store them somewhere. So I was wondering if there was a misunderstanding why that sisters may have those items at her home?
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Reply to freqflyer
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Whether the sister was a caregiver of a freeloader doesn't alter the essential part of my post, suing over household contents and a car (unless it is a fairly new high end one) may not be worth the effort. Nor is any mention made of the need to contest the ownership of the house itself or of a desire for any sentimental pieces, which would probably change my opinion.
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Reply to cwillie
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I agree with the previous comment that it's unlikely these items are worth much money, so it leads me to ask: Do these items have sentimental value, monetary value, or is it more a case of just not wanting the sister to have the items (regardless of monetary or sentimental value)? Grief does terrible things - there is an estranged member of our family who was (still is?) seething about not getting a particular piece of furniture! Nevermind that the piece of furniture is essentially worthless to begin with and also has significant water damage. At this point, its monetary value is next to nothing. Sentimental value may or may not be affected by the water damage, but I'd assume it would be difficult to see an emotionally significant item that now has damage to it.
That leaves the 3rd possibility - she just does not want anyone else to have it and she's mad. Such a shame.

Anyway, please ask yourself why it's bothering you so much that your sister is taking these items. Once you have that answer, you'll know what to do.
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Reply to OverTheEdge17
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This could be my sister asking this (although my mother is still alive). Mom and I own her house as joint tenants with right of survivorship; the contents of the house are mostly of the type the OP described. Even if I didn't plan to use most of the stuff when I take over the house, the effort and expense of liquidating it is pretty daunting, and I doubt there would be enough in the way of proceeds to make it worthwhile. I'm also the executor of Mom's will, so I will be legally required to account in some way for Mom's assets, but I'm really dreading it, especially the expectation of one sibling that there will be at least some kind of inheritance when my mother dies.
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Reply to CarlaCB
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That was my thought as well, JoAnn. I think there may be some posts kind of jumping to conclusions here. There is nothing that says the sister was caring for their mother while others did nothing.

Let's allow the OP to come back (if they will) and explain a little further before we go off the deep end here.
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I see nothing that says sister cared for Mom. Just that they were living together. Did Mom rent or own? This happened in my Dads family. My Aunt came home to live with 3 kids. Did she care for Mom, not really but she was there. When the house was sold the money went to Moms care. Aunt found a place to live and was allowed to take what she needed to set up a place to live. Do you all really need that "stuff". Maybe you each can ask for something of Moms and let your sister have what she needs to live.
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