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Mother died/what are our rights as her children?
My mother died and my aunt is exe. Of her possions.she has two aldut children.there are certain items yhat are mine.ask if I could have these items. She said maybe and since then I have heard nothing and I am totally left in the dark what can I do,what are my rights
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Did your Mother leave a will? Sometimes, a Will will specify who gets what, certain items, and make it clear how an estate and personal property is divided. If there is no Will stating anything like this, then it's up to the Executor to take care of it.
If there is a Will, it has to be probated first, then the Executor will grant the provisions of the Will. You may have to wait awhile for your Aunt to decide what to do. |
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Your rights are defined either by a will or local laws of inheritance. If your mother left a will, then the will has to be submitted for probate so a distribution of assets can be made. If the will did not specify the items you were to have, then its up to the executor to distribute the estate according the terms of the will.
If there was no will, then the estate still needs to be probated, but distribution will be according to the laws where she died. Any question on law needs to include your general area as laws vary by area. |
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When you say "there are certain items that are mine" do you mean you have personal property in your mother's house, and you would like to get them back? If so, these items are not part of your mother's estate, as they are yours, so talk to your aunt about setting up a mutuially convenient time when she can let you into the house and you can retrieve your stuff. I suggest that you prepare a list ahead of time of exactly what items you intend to retrieve so that your aunt can be certain that you aren't trying to sneak off with any of your mother's possessions - as mentioned by others she has a fiduciary responsibility to make sure that all your mother's property is properly managed and distributed to the heirs according to the will through the probate process aand that people don't just walk off with stuff.
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