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Sister claiming she "owns" some of father's personal property

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Jane 54

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

My father is not dead but my POA brother has decided to have an estate sale and distribute his personal property and put my father's home up for sale while he is in rehab due to a broken hip. My father is recovering but my brother does not want to wait and see a reasonable amount of time re how far his recovery progresses or for my father to return home at all hence the current problem which seems premature if nothing else. There are and have been so many ongoing problems and this is just one.

My sister had some of the "family heirlooms" refinished or restored several years ago. These were to be a surprise to my father and I remember my sister asking me if I would pick them up and pay the bills. I was already financially devastated due to direct hands on caregiving while siblings pursued their careers unhindered and refused to help with our father's care. So sister sibling picked up the refinished items and now is asserting that she "owns" them. I do not want these things but her asserting ownership over them is completely contradictory to my understanding of gifts either given to an heir or given to the testator prior to death. Gifts are not supposed to have strings attached. Plus, the secrecy with which she has historically operated - verbal gifts from my deceased mother that she asserted later, etc. She also claims that my father gave her husband one of the "family heirlooms" which has only now been made public so to speak to me and my brother. I would argue that my father did not have the capacity to understand either the gift to her husband (I remember her husband sitting in the antique rocker saying how comfortable it was with great enthusiasm to my father) or the deal she made asserting ownership over these heirlooms after she had had them refinished. The refinishing was supposed to be a surprise to my dad. I guess the surprise was "Look at this nice thing I did for you but now these things are mine." Again, these deals were allegedly made several years ago and are only now being "disclosed" by my sister. My father has Alzheimer's and his capacity always seems intact as to my sisters secret agreements but non-existent when my father made decisions to which she or my brother were opposed.
 



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