HelpfulSIL
Junior Member
What is the name of your state (only U.S. law)? Ohio
A father dies. His children are, at the time of his death, 17 and 18. The older child is told at the hospital that she is the legal next of kin. She signs the necessary paperwork to transfer his body to the funeral home. She, with her younger sisters input, plans her father's funeral. There is no will.
The children go into their father's home (a rental, he did not own it) and pack his things. They each take things that are sentimental to them, arguing over some of the things but eventually agreeing on who gets what. Until, that is, they come to one item that they both desperately want. Their mother, who is helping them pack up their father's home, tells the children that the item can be stored in her home until they can come to an agreement as to who gets the item.
Flash forward 2 years. Family feuds have caused a crack in the relationship of the two sisters. Oldest sister moves out of her mother's home. She wants to take possession the above-mentioned item. Younger sister still refuses to budge, and says she does not agree to that. Older sister goes to the police. Officer tells her that if there is a dispute as to who the item belongs to, it stays where it is until an agreement can be made OR she could take her sister to court. Older sister tells younger sister to get ready for a court battle. Older sister thinks she will win because she is the legal next of kin, therefore everything in their father's house is legally hers.
Legally, who wins in this situation? Neither has a receipt for said item, and as stated above, there was no will.
A father dies. His children are, at the time of his death, 17 and 18. The older child is told at the hospital that she is the legal next of kin. She signs the necessary paperwork to transfer his body to the funeral home. She, with her younger sisters input, plans her father's funeral. There is no will.
The children go into their father's home (a rental, he did not own it) and pack his things. They each take things that are sentimental to them, arguing over some of the things but eventually agreeing on who gets what. Until, that is, they come to one item that they both desperately want. Their mother, who is helping them pack up their father's home, tells the children that the item can be stored in her home until they can come to an agreement as to who gets the item.
Flash forward 2 years. Family feuds have caused a crack in the relationship of the two sisters. Oldest sister moves out of her mother's home. She wants to take possession the above-mentioned item. Younger sister still refuses to budge, and says she does not agree to that. Older sister goes to the police. Officer tells her that if there is a dispute as to who the item belongs to, it stays where it is until an agreement can be made OR she could take her sister to court. Older sister tells younger sister to get ready for a court battle. Older sister thinks she will win because she is the legal next of kin, therefore everything in their father's house is legally hers.
Legally, who wins in this situation? Neither has a receipt for said item, and as stated above, there was no will.