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mdbdn101

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

My father passed away years ago and had a living trust. He left everything except for a few items in a will to his wife who is still alive. She has told us kids that we would get my dads personal belongings when she passes. She now has dementia and her daughter has informed us she is selling all my fathers items that are of value and keeping the money for herself. Keep in mind these items are things he has had as a kid and mean so much to us. Although my father left everything else to his wife does my step sister have the right to sell these belongings while my step mother is alive? The one step sister in charge of her mothers estate says we can have it but the sister living with the mother says she is selling them and keeping the money. Please help, do we have any recourse?
 


mdbdn101

Junior Member
I appologize. Immediately after my last post my computer broke and was in the shop for over a month. I can't even find that post but I am sure it was similiar. The problem has gotten worse. Thank you for responding
 

curb1

Senior Member
What "personal items" are you talking about? If they have value they probably will need to be sold to cover the care of "mother".
 

mdbdn101

Junior Member
My father and step mother had plenty of money put away for them both and they are taking care of the mother off the interest alone. Her children get the house and there is nothing me and my siblings want other than a collection my father started as a small boy and continued until he passed. We grew up working on that collection with him . Although we don't care about the monetary value as we would never sell it, I am thinking it is worth about $20,000. We want his grandchildren to enjoy it as he did. My step sister has said in no uncertain terms she wants nothing to do with us and she will give us nothing. She has stated she will sell the collection and keep the money for herself. We want nothing from her. One sister has packed it up and tried to give it to us but the sister living with my step mother took it and said we will never get it. Is there something legal we can do? The collection was not listed in the will and everything was left to my step mother. She is mentally unable to make decisions at this point. My heart is breaking over this as my dad wanted us to have it and my step mother said we will have it when she passes. My fear is she has already sold it. Thank you
 

curb1

Senior Member
Your problem is very common. Estate planning in reverse does not work well, if ever. If this was as important as you say, it necessarily had to have been taken care of when Dad was alive. Did you help him with planning the Trust? Now you have a typical squabble between siblings of second marriages. Very unfortunate, but this was completely avoidable.
 

anteater

Senior Member
I appologize. Immediately after my last post my computer broke and was in the shop for over a month. I can't even find that post but I am sure it was similiar. The problem has gotten worse. Thank you for responding
At least you could keep your story straight. A broken computer does not affect that.

Two months ago, it was "good step-brother vs. bad step-brother", with "good step-brother" having power of attorney. Now it is "good step-sister vs. bad step-sister", with "good step-sister" being "..in charge of her mothers estate.."

Two months ago, it was, "These items don't have any monetary value ..." Now it is, "I am thinking it is worth about $20,000."

Do you wonder why we might think that you are making things up as you go along?
 

mdbdn101

Junior Member
Dear curb 1,

I thank you very much for your thoughts. I guess I had a feeling there was nothing I could do. My father just "assumed" that the few personal items he did not list on the will would be given to us by his wife.

Dear anteata,

First of all my computer was broke and I had no access to the post I did and simply forgot about it. My original post was in regards to the situation as a whole. We thought his special collection was going to go to us at the time so that is why I did not list anything of any value. As far as brother vs sister**************I have learned that sometimes people who might be involved read these posts and it is sometimes necessary to "mix it up" a little to protect your inquiry. I can understand that if you read my previous post you would be confused but my advice is that you ask questions before you attack. Not very becoming. I don't come to these posts in order to deceive anyone but only to get the advice I thought they were here for. You have proved me wrong. Again, curb1**************.thank you for your response
 
What a horrible situation...my heart goes out to you. I had a similar situation when my father died. His will specified that all monies from savings and life insurance and various other sources be place in trust until I turn 21, but all of his personal items went to his then wife. I was a child when he passed so I don't remember anything really, but my mother informed me when I was older that my father had a jewelery and coin collection he had inherited from his own mother that had been in his family since they immigrated here in the late 1890's. I know I would have liked to have had something like that to pass along to my children and then to my grandchildren to keep a tradition that old alive, but when I consulted my attorney about it, he said that seeing as it wasn't specified that the collection go to me, my stepmother was entitled to it. I'm not bitter about it, but it's a downer that a tradition that old would die out.

And to anteater, I see that you're always so negative when you make posts in a lot of threads that I happen to also read...don't get why that is. Believe it or not, not everything's driven by monetary incentives in an estate, as in the case of this poster, the sentimental value far outweighs the monetary.
 

anteater

Senior Member
And to anteater, I see that you're always so negative when you make posts in a lot of threads that I happen to also read...don't get why that is. Believe it or not, not everything's driven by monetary incentives in an estate, as in the case of this poster, the sentimental value far outweighs the monetary.
The OP posted this same (but slightly altered) story two months and received responses then, including from a poster that thought there might be a chance, which I tend to doubt. Obviously, the OP did nothing and then returns here with the same question, changing a few of the facts with the lame excuse about a broken computer and some nonsense about "mix[ing] it up a little to protect your inquiry."

What a horrible situation...my heart goes out to you...
Horrible situation? I am skeptical that any of it is true. In any event, this a forum for legal questions. And there is not much that is relevant besides:
He left everything except for a few items in a will to his wife...
 

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