Asked over 3 years ago - Du Bois, PA
FlagMy father recently passed away. He had promised certain things to both my brother and me. My mother agrees that he had promised these things to us but in the meantime she is giving some of the things to the children of our oldest sister. My brother and I feel that it is being done at the urgeing of our sister. Is this legal and do we have recourse?
What does the will say about these items? That is the controlling document. However, things can get dicey with personal effects, especially those with sentimental but no real value.
You have to decide whether these items are worth fighting over and the costs both in money and in family discord. It is hard to say more without more specifics. You may want to consider hiring your own attorney to protect your interests as beneficiaries.
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If your father gave you the promised items via a written will, you would be legally entitled to that property. However, if your father's will left all his property to your mother, or if there was no will and your mother is the legal beneficiary, your mother has full authority to do whatever she wants with the property -- including giving it away to anyone she may choose. This of course doesn't take into account the fact that you say your mother knew your father wanted you to have the specific property, but if she has inherited your father's entire estate as his surviving spouse, with no other will provisions for specific property, she may legally do whatever she chooses with the property.
Of course, as with all of my online answers, my advice is limited by the brevity of your question and the facts provided. Additional information would be required to provide definitive legal advice, so this answer isn't intended to, and does not, create an attorney-client relationship.
Good luck!
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