Do I Own the Contents of My Mother’s House?

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My mother had a will stating to divide everything equally but she did not deed the house to me in 2008 and it stated that upon death the house became mine. My brother who is the executor of the will wants to sell the assets inside the house and split the money. My other two siblings and I do not want to sell the contents. We want to keep her special memories. Can he make us sell them or do I have any rights since they are in my possession inside the house?

[NOTE: Articles and answers on DearEsq., while written and published by lawyers, do not constitute legal advice, and no attorney-client relationship is formed by your reading of this information. You should always consult with an attorney for any legal situations.]

That’s actually a complicated question, which depends largely on what your mother’s intent was. Did she intend that the contents of the house would be transferred with it, or were they still hers when she died?

This is the sort of question that sometimes has to be resolved in probate litigation. I would strongly suggest you avoid that if possible, particularly if the contents of the house are not worth a lot (on the open market; not your personal sentimental value).

As for the question of selling the assets versus dividing them up, what stops you from being the buyer?



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Author: House Attorney