I am one of three siblings. Our parents have passed. We had to remove items from their house quickly to sell the house. At the time, we were all on good terms and agreed to let the closest sibling hold the items in her storage unit to go through at a later date. The relationships have since soured and this sibling refuses to remove the items from storage so that we can go through them. What legal action can we take against them? The estate lawyer is aware of the situation.
The first thing you need to do is figure out who the "estate lawyer" actually represents. If he represents your sibling that's withholding property, then you need your own lawyer to advocate on your behalf.
If nothing has been done at the Probate Court yet, then a good first step would be to probate the estate, and get a personal representative appointed. No one has much authority to do anything prior to that.
Questions need to be answered. No will, and the siblings legally share equally. There needs to be a personal representative appointed.
The key: Who is this estate lawyer?
People change and families split when death occurs and money is involved. As an heir, you have as much right as everyone else, unless there is a will that says different.
I concur with the first two attorneys who answered this question and would add to carefully review all of the estate planning documents and related materials to determine whether any specific distributions of tangible personal property are discovered.
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