Father Passed Away Without a Will Need Help

[Dawnie73]

I live in New York and my Father died without a will
My sister and I are co-administrators of his estate.
My Father had a coin collection that he left with my Sister for safe keeping. She held the collection for about 12 years but it was understood it was not hers.
My Sister is now refusing to split the collection with me. When we went to probate court she refused to make the coins part of the Estate.
What can or should I do?

Thank you

 

[Zigner]

What proof is there that the coins were not intended to be a gift?

 

[Dawnie73]

My parents are divorced but remained good friends. My Mother took care of my Father for many years prior to his death. My Father told my Mother he wanted to pick them up prior to his death. It was understood by all family members the coins were not a gift.

 

[Zigner]

My he told my Mother he wanted to pick them up prior to his death.

Is your mom able to testify to this?

 

[Dawnie73]

Yes, she called and spoke with Sister no use... it's in her divorce that Mother gave up coins to Father

 

[Zigner]

Yes, she called and spoke with Sister no use... it's in her divorce that Mother gave up coins to Father

After 12 years with no attempt to retrieve the items, it could be argued that the coins were a gift. His recent desire to take them back does not change that.