My step sister or my brother sold the contents of a barn which she knew i was to inherit(and since she knew i was to inherit these contents)when her mother died a few months later is this legal? The estate is in the accounting stage now and wrapping up soon re: other assets i will also be receiving,Is their anything i can do about the barn contents or cash value of that i also should be receiving. The estate attorney excuse is the barn contents where sold off prior to my stepmothers death by her daughter so it is not part of the estate now and the daughter keeps barn contents money, is that legal ?
You can only inherit what is owned by the decedent at the time of her death. Your attorney is correct. The contents of the barn were sold prior to death.
I agree with my colleague except to the extent that whatever claim your stepmother may have had resulting from the sale of the barn contents would still belong to the estate. If the contents were fraudulently disposed of the Estate might have a claim. More details and the estimated value of the contents would need to be considered when making a decision as to how to move forward.
No estate existed at the time of the sale.
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