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Question about estate

Posted: Feb 8, 2014

Okay, so my MIL died 4 months ago and they did the reading of the will 2 months ago. The will stated that her grandaughter (who already lived in her house with her) got her house and land and my husband and his brother got all belongings inside of the house. Nothing was said about a certain date to pick up items or anything like that and really neither my husband nor his brother really took anything out of the house (other than a few pictures, jewelry and keepsake items) because their niece was living there still and they didn't really want to just pull up with a U-Haul and have her living there with nothing.

So, now the niece has said that she is about to remodel the house and get all new stainless steel appliances and such and hubby's mom had just bought new stove, fridge and dishwasher before she died. My hubby asked his brother is he wanted any of that and he said no, so he called his niece and told her he would like to have the current appliances, because we need them and the niece told him that she has to SELL them, because she needs the money to put towards her stainless steel appliances. She told him she would come up with a price and let him know.

Is she allowed to even do that? I mean, the two brothers really should have just unloaded the house two months ago, I suppose, because I know it isn't fair to just leave the stuff in the house and pick and choose through it when they see fit, but they really left it to keep from putting her out and making her have nothing, but now she wants to sell the items to her kids that the mom actually left them to in the will?

Do you think we should point out to her that the mother actually left those items to her sons (maybe she doesn't understand that the terms "all of her belongings inside the house" included appliances, furniture, etc. or is there some type of statute that since they didn't pick it up right away 2 months ago they can't have it? It is touchy because the niece is keeping the home like a "family home" still with all holiday gatherings and such still being had there and that is why the two brothers didn't take any furniture out or anything, because it is still a place that all family gather.

;

It if was me I would contact the lawyer that - sm - XXX

[ In Reply To ..]
wrote/read the will. Who knows if appliances count as "belongings". I would take belongings as all her furniture, clothes, knick-knacks, collections, etc. Appliances are part of the house I would think, if they take them then where would it end. Do you take that to mean that they can strip the house of everything and just leave the structure (e.g. take all the plumbing and light fixtures, etc). I think a lawyer (and some common sense) is needed to clarify the situation.

Not really - another opinion

[ In Reply To ..]
Her belongings are anything that is not a permanent fixture of the house. The OP mentioned that her MIL bought new appliances before her death, so of course that is something that belonged to MIL and the children should get to have. In my area, even rental houses don't even come with appliances, you have to bring your own refrigerator and stove.

I don't know how long you have to get something after the will is read, so I would as the attorney that and then I would pull up at the house and load up anything I wanted.

I don't think it has been too long - BUT....

[ In Reply To ..]
You and your brother do need to unload everything from the house and pay storage for it or sell it or whatever you choose. You can't really just let it sit there (her storing it for free) because regardless if it is still used as a family home, it is the niece's home. It also isn't fair if she keeps it at her house and then say your washing machine breaks, so you drive over to load up your mom's (now your niece's) washer and then she has to get a new one. So, point is, either unload the whole house and do whatever with the belongings or let her have the belongings.

Sounds about right - Nik

[ In Reply To ..]
Totally agree with you. In a pleasant way inform the niece you are taking everything so as not to inconvenience her storage-wise and then do take everything you want/might want. If not, graciously let her have the things that husband and his brother have left behind. Appliances are kind of like cars in that they lose value fairly quickly. Even brand-new ones are worth significantly less even if they have been used very little. They won't come to nearly what brand-new ones will cost.

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