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My brother was left the house and all of its contents. What does that entail?
Anonymous1 views4 answers
Nothing is listed in the contents/Both my brother and I have lived in the house since 1993/My mother didn't state who was to get what, but did say what I was able have and had given me some of her things.. My brother knows that our mother had given me things, but he doesn't know "What" she gave me. My question is, if I take out of the house or sale the things she had given me could my brother take me to court for stealing? We both still live in the same house.
Heather MorcroftFamily Law AttorneyWinter Park, FL ·
If your mother had already given you items before her death, then those things belong to you and are not "contents of the house" that were hers to give. Its just a matter of knowing what she has already given you, and whether or not you and your brother are going to argue over that. That would be something he would argue about in probate court - it is very unlikely that police would get involved.
I suggest you talk to your brother and tell him what she gave you. See if he will sign something agreeing that the items are yours and then you don't have to worry about him doing something if you take the items in the future. Otherwise you can't prove the items were given to you and you could be found guilty of theft.
I am guessing here that your mother either bought a will at a local office supplies store, or purchased it on-line. These are the sort of things that a good attorney would have clarified so that the issues would never arise. If you have items that were given over to you (actually in hand), then they have become your property. If she "said" she was giving them to you, that is NOT a completed gift and those items belong to your brother. You can discuss her intentions with your brother, but, honestly, the will is the only valid expression of her final wishes that counts.
