Legal Question in Wills and Trusts in New Jersey
Disposing of Personal Property of Deceased
Parents died ...will reads... estate is to be split three ways for the daughters..in regards to the person propewrty, household items..furniture, some jewelry..all the content of the house..Two sisters are cleaning the place out so the house can be put up for sale.. One sister is out of state and can't help..Can we dispurse of any of the contents... like throw out what we think is junk..we have done just that.. still have alot to go yet.. but now find our sevels in a legal battle of what we deem as junk... One sister feels she is not getting her third...two sisters have taken personal effects from the house for sentamental reasons..just so we don't have to throw them away...How do we put a price tag on furniture that is 50 yers old... and how do we pay her for the things we just threw out...Do we have to have each thing appraised..?..She had every chjance to come up here and take what she wanted... but refused..
2 Answers from Attorneys
Re: Disposing of Personal Property of Deceased
This is the risk that people run when they take it upon themselves to do things that may be questioned later. In this case, the will apparently specified that all items be split evenly. The two of you have not followed the strict terms of the will; you decided that certain items were junk and threw them out. One person's junk may be another person's treasure! If challenged in Court, you may be called upon to establish that what was thrown out had little or no value. Unfortunately, in my opinion, I find that these estate battles between siblings have very little to do about the items or their value and have everything to do about long-simmering sibling rivalries that have never been resolved. And, they can get very expensive for that reason alone. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact an attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. Feel free to call me for an appointment at 856-546-8010. Mention LawGuru and your first one hour consultation is free. Good luck! Rob Gleaner
Re: Disposing of Personal Property of Deceased
It's up to the Executor of the estate to split everthing evenly and decide who gets what.
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