My deceased mother's home was deeded to four siblings after probate. I realize the house and contents belong to all four us. However one sibling is removing expensive personal property from the home . She told us in email what she had, but she did not have our consent. We have asked to return said items, which so far she has not complied. Can we take legal action? What are our rights? Before she takes anything else, can we legally remove remaining personal property? This is a mess!
Real Estate Attorney
Title to real estate and title to personal property are two different things. Just because your mother deed her house to you prior to her death does not mean that she also left the personal property to you and your siblings equally. Your mother's will determines who gets the personal property. If you cannot come to an agreement amoung the siblings, you may have to hire a probale lawyer and probate your mother's estate.
Disclaimer: This answer is provided for informational purposes only, does not constitute legal advice, and does not create an attorney-client relationship. Actual legal advice can only be provided after completing a comprehensive consultation in which all of the relevant facts are discussed and reviewed.
3 lawyers agree
Mr. Deason is correct. The deed to the real property has no bearing on the personal property. This is really a probate question. If one heir is removing probate property, the executor should demand to have it returned and may take legal action if necessary to have it returned.
If this answer was helpful, please mark it as helpful or as a best answer. This answer is for general education purposes only. It neither creates an attorney-client relationship nor provides legal guidance or advice. The answer is based on the limited information provided and the answer might be different had additional information been provided. You should consult an attorney.
1 lawyer agrees
I agree with Attorney Deason. In addition to that, if the probate case is now closed as you mentioned, obviously there was an Order distributing property of the probate estate. If your sister is now in contempt of the Order, you will need to go back to the Probate Attorney to file the appropriate pleading in Probate Court to stop her from taking further actions.
DISCLAIMER: This answer is provided solely for informational purposes only. This answer does not constitute legal advice, create an attorney-client relationship, or constitute attorney advertising.