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Father's Items

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needhelp_7

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

Back in the summer 2005 by dad passed away. My mom claims that his will leaves it all to her. He left several thousands in guns behind with many other items, larger items like a 17ft boat and a 1991 fourwheeler. Several times she has told me she didn't want to deal with the items. So I took over maintaining the items, paying for licenses on them, and putting money into them when they needed repairs. I have done this for 3 years and now she feels like she may want to sell them to cash in on the value during these economical times. I feel that I have maintained the value of the items due to her not wanting to deal with them. The biggest example is the 4wheeler. I have invested $600 (probably half of it's value) into it for repairs and paid for the licensing of it and she feels she owes me nothing. Guns would of rusted, boat would be not running, etc. Do I have a right to part ownership in these items due to her stating she didn't want to deal with them and my money and maintaince into them? Other items that may be a factor: she has had them at her house most of the time, she has a bf & 3 sons that she is spending money on all the time, she has no motivation to find the value of them besidses asking me. Any help would be very appreciated, these items mean a lot to me being my father's and my mother doesn't seem to understand that. Thank you.
 
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JETX

Senior Member
Back in the summer 2005 by dad passed away. My mom claims that his will leaves it all to her.
Read the will. What does it REALLY say??

Do I have a right to part ownership in these items due to her stating she didn't want to deal with them and my money and maintaince into them?
No. Presumably, you also used them during that time, correct??

Other items that may be a factor: she has had them at her house most of the time, she has a bf & 3 sons that she is spending money on all the time, she has no motivation to find the value of them besidses asking me.
Not relevant.

these items mean a lot to me being my father's and my mother doesn't seem to understand that.
Simple solution.... has the estate been probated?? If not, contact a local probate attorney who can handle the estate PROPERLY!!!
 

needhelp_7

Junior Member
JETX - Thank you for your response.

I have never been shown the will, but will make a define effort to see it.

Correct, I did use some of the items during the last 3 years. Some have not been used.

If there is a will stating exactly whom my father's items go to, there would be no reason to probate correct? I guess I do not understand how probating would resolve things. Would it help because my mom really doesn't have a clue what all is around the house that is my father's? The other month, she finally asked about the approximate value of the guns.

Thank you for all your help.
 

seniorjudge

Senior Member
Q: If there is a will stating exactly whom my father's items go to, there would be no reason to probate correct?

A: Of course there is. How else is the will to be enforced? :confused:
 

JETX

Senior Member
I have never been shown the will, but will make a define effort to see it.
If the estate has been filed for probate (unlikely), a copy of the will would have been filed with the court. Contact the Probate court in the county where he lived to see if a case has been opened.

If there is a will stating exactly whom my father's items go to, there would be no reason to probate correct?
Not correct. The probate process is to LEGALLY distribute a qualified estates assets (not all estates require probate, depends on the assets).

I guess I do not understand how probating would resolve things. Would it help because my mom really doesn't have a clue what all is around the house that is my father's? The other month, she finally asked about the approximate value of the guns.
Simply, depending on the titles on real property, vehicles, etc., it is possible that your mother only has partial (or no ownership claim at all) to some of the assets of the estate.

Go to: Probate Law and Procedure in Minnesota: Information and Attorney
 

needhelp_7

Junior Member
Thank you to all of you.

Over and over my mother says that everything is hers, so I'll have to see if there was a living trust involved, the will probated, or how she is coming up with that saying.

Hate to do it over the holidays, but I will have to ask her for copies of any will or trust information.
 

needhelp_7

Junior Member
As of Spring 08 all the boats and fourwheeler were just titled under my father.

I believe all the guns are just registered to my father, which is a slight problem due to no written documentation that about half of them he gave to me as gifts.
 

needhelp_7

Junior Member
Will Update

Went to the county court house today and no will or probate information is filed with the county court.

Did some looking through the safe where paperwork is kept and found nothing on a will or trust concerning my father.

I was only able to find one title for a snowmobile trailer and no other titles. If she were to have switched the titles on verious recreation items like the boat and four wheeler to her name in the past few months, could I still have the right to some ownership of them, if they were just in my father's name at the time of death?

Any suggestions on if I should ask my mother to view any information on my father's will or should I ask close relatives? I know that family has wills stored with other relatives to make sure nothing would happen to them.

Have a wonderful Holiday Season!
 

JETX

Senior Member
Went to the county court house today and no will or probate information is filed with the county court.

Did some looking through the safe where paperwork is kept and found nothing on a will or trust concerning my father.
Simply, without a will or probate, any transfer of property that was OWNED by the decedent to someone else could be 'reversed'.

One of the main intents of the probate process is to 'settle' the decedents estate by collecting any claims on the estate, paying them and then PROPERLY AND LEGALLY distributing any assets. Absent the legal process, it simply doesn't happen.
 

Hot Topic

Senior Member
Until the legal process is complete, no one can lay claim to anything. Someone can say, "I know Dad would want me to have (fill in the blank)," but that's for a court to decide. And you don't necessarily get the motorcycle because you kept it in top running condition. Some things are going to take a little negotiating.
 

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