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Wicked witch of the north

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mikie1999cr

Junior Member
What is the name of your state (only U.S. law)? Missouri

I live in Missouri. My mother and father died in Oregon. My sister-in-law and her husband live in Renton, Washington.
My mother passed away in November of 2006. My brother, his wife and I were in attendance at her death. While there I told my sister-in-law that all I wanted were the family photo albums and said that I would ask my mother's friend (who was looking after her affairs and lived there in Bend, Oregon where she last lived) where the albums were. My sister-in-law volunteered that 'she' had the albums. I asked, "do you have them with you?" She said that she had picked them up from friends of my mother along with other items and that they were in Renton, Washington (where she and my brother live). I said that she could send them to me when she got home and i would pay for the shipping. She said, "No, but you can 'look' at them if you are ever in Renton." I said incredulously, " You mean that you are keeping them?" She said, "YES!" Now here is the problem. The pictures in the albums are almost entirely pictures taken of my mother myself and my father. My brother (half-brother on my mother's side) never lived with me or my mother for that matter since approximately 1935. My mother divorced my brothers father about that date and subsequently married my father. I was born in 1946. I was raised as an only child. The albums contained photos from that era primarily. There were photos of other family members and friends that were from before my parents were married as well. Primarily however the photos were of 'my' family and did not contain but a few photos of my brother or his family.
As my mother was in the process of passing when I asked my sister-in-law for the photos I wasn't going to make a big deal out of it there and then.
Later I contaced my brother and he agreed that at least I should have 'copies' of the photos and albums. My brother doesn't 'wear the pants' in his family and I assume that the 'wicked witch of the north' vetoed any plans he may have had to send me copies. Long story I know.... sorry.
The short of it is that my sister-in-law took the albums and pictures that were my mothers before her death. I have a will naming me executor as well as also being the sole heir to the property. As the photos, albums and other things were taken 'before' my mother passed and while my mother was in the care of a state worker and in a 'retirement' home partially paid for by the State of Oregon. Did my sister-in-law have the right to take the items from my mothers estate? Or more precisely, is there a way I can retrieve the photos and albums from my sister-in-law?
 


Very sorry to hear about your troubles...every family has their nightmare relatives believe me. As for what you can do, you seem to have complete rights in the matter. You are the designated executor and sole heir to everything that was your mother's, including all of her personal possessions. The fact that your brother and his wife helped themselves to items in the house without your mother's consent can be viewed as theft. If your brother wants to be difficult, he can try to argue that your mother gave him possession to take personal effects from the home...and since she was still living at the time they took the albums, your complete rights as executor wouldn't really have bearing as it would be your word against his. If they had helped themselves to the albums and whatever else following your mother's passing, you as sole heir/executor would have the ability to demand those effects back as they would legally belong to you and not your brother. Since I'm assuming the will already went through probate since she passed a couple years ago, the house and its contents have already been sorted through right? It looks like you may have to go to court if he simply refuses to give you copies or the originals. You have every right to copies (if I were the judge, I'd order he turn over the albums themselves given the circumstances) and the judge would most certainly order your brother to issue you copies.

Unforunately, there are only limited options in cases like these.
 

mikie1999cr

Junior Member
Thanks Fancy

Thanks for the advice. I pretty much knew that this would have to go to court. Would you happen to know if this could be resolved in a small claims court? Also, which Court would have jurisdiction? My brother and his wife live in Washington state and Oregon is where my Mom passed and I live in Missouri.
 
Yeah, a small claims court would be the one to handle a matter like this. Oregon's court would have the jurisdiction as that is where your mother and her possessions had residence and where all legal matters regarding her estate took place.
 

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