Sr

[sktroberts]

What rights as beneficiary do I have for personal property?

What is the name of your state? Washington State

Good morning. My mother passed away this past February. My younger sister and one of my mothers friends were named executors of my mothers estate. Since her passing, the friend has forgone all executorship rights thus leaving my sister as the only executor. My sister and her husband have changed the locks on my mothers home barring myself or anyone else from entering. According to my mothers will, my sister and I were left equal distributions of 35% of her estate. My sister has barred me from acquiring any of my mothers personal effects from her home. She and her husband have taken possession of all of the contents of my mothers home stating she is entitled to them as executor. Is this legal? Is there anyway to be allowed into my mothers home to retrieve the items that I would like to retain, family photos, books etc?

Please advise.

S

 

[WA-Probate.com]

What rights as beneficiary do I have for personal property? Washington

What rights as beneficiary do I have for personal property?
What is the name of your state? Washington State

The short answer to your question is that you have whatever rights your mother provided for you to the personal property under her Will.

"My mother passed away this past February. My younger sister and one of my mothers friends were named executors of my mothers estate. Since her passing, the friend has forgone all executorship rights thus leaving my sister as the only executor."

Since you are using the term "executor," I am assuming that your mother died testate, ie, with a Will. If she died intestate, then by definition, there would be no Executor --- and your mother's Personal Representative would instead be called an Administrator.

Has your sister been appointed by the Court or is she acting only unofficially?

"My sister and her husband have changed the locks on my mothers home barring myself or anyone else from entering. According to my mothers will,"

Ah, so she did die with a Will. OK --- let's proceed.

"my sister and I were left equal distributions of 35% of her estate. My sister has barred me from acquiring any of my mothers personal effects from her home."

As Executor, that's one of her duties.

"She and her husband have taken possession of all of the contents of my mothers home stating she is entitled to them as executor."

That's another of her duties, and she is entitled to them, as Executor.

"Is this legal? Is there anyway to be allowed into my mothers home to retrieve the items that I would like to retain, family photos, books etc?"

If your sister has been appointed as Executor, then she has the authority, in fact she has the duty, to take possession of all of the Decedent's property, including barring entry by others, including you, from the Decedent's home if she believes that is in the best interest of the estate --- except if you have some authority for entering the home, for example, you were one of its tenants. Of course, as Executor, while she may take possession of all the property, she does so under her fiduciary duty as Executor on behalf of the estate and its beneficiaries & creditors. What this means is that she must hold the assets, pay Decedent's debts, taxes, and administrative expenses from the assets, and distribute the remaining assets to the beneficiaries as determined under the Will. Unless the Will provides, for example, "All my tangible personal property goes to my daughter if she survives me," then your sister must look to some other authority that would allow her to keep all the tangible personal property for herself as one of your mother's beneficiaries.

Under Washington law, your primary remedy is to request a copy of the Inventory after 3 months following your sister's appointment, and if you find that the inventory does not properly list all of your mother's personal property, you may file an objection with the Court. See the Heirs & Beneficiaries section of http://www.wa-probate.com

Sincerely,
wa-probate.com