Inventory List

[flyingeagle]

What is the name of your state (only U.S. law)? PA

My Mom collected numerous antiques. She had them in storgae on their property. About 20 years ago she had a huge fight with my Dad, and moved the antiques to my Brothers house so my Dad would not take them. Dad died several years ago. The Antiques have been at my brothers house for about 20 years. He said about 10 years ago Mom told him that he has had them in his house this long they are his, and please hand them down to her grandchildren. Now Mom died. My younger sister always wanted the antiques. She basically wants anything that she thinks has value. Well she is the executor. The will says nothing about the antiques, just that the estate should be split equally among 4 kids. My sister did find a paper that my Mom had written over 14 years ago where she inventoried all her antiques she collected. She did not sign it, nor did the will written after reference this paper. Now my younger sister says since Mom wrote the list out, then it is part of the estate. My brother said the list is meaningless and he was given the antiques over 10 years ago. He also says Mom never wanted the antiques sold and the younger sister only wants them to sell them.

This is causing a huge fight in the family. My younger sister is threatening to sue my brother over this. The estate really does not have much money, and my sister is going to spend it all suing my brother. Does my sister have any real grounds to sue my brother?

 

[anteater]

Does my sister have any real grounds to sue my brother?

Don't take this the wrong way, but... The question, as you have asked it, is irrelevant. She can sue for the return of the antiques to the estate no matter how slight the grounds.

I suspect that you are really asking is, "Can she prevail if she does sue?" Given the paucity of hard evidence, an answer to that would be sheer speculation.

 

[flyingeagle]

My brother said his wife was told, and his children by our Mom. It also appears that my Mom wrote items on the list that my brother actually bought. My concern is my sister will spend what is left of the estate suing my brother. My wife and I cannot talk to either of them. I am just hoping the Estate lawyer is probably coaching my sister, so not to waste money on something she cannot win.

 

[anteater]

My wife and I cannot talk to either of them.

Sister is talking about suing brother... Other sister isn't speaking to either... I guess that rules out an amicable solution.

One practical matter. If the items are brought back into the estate, then they will need to be valued - appraised - and PA Inheritance Tax will be due on the value. If it is the children inheriting, the tax rate is 4.5%.

(As I noted before, it is sheer speculation... But, if I were a betting man, my money would be on brother as long as he can keep his story straight.)