Siblings Are Stealing Everything and Not Divideing Anything

Updated on July 11, 2011
C.O. asks from New Orleans, LA
11 answers

My mother just died. My father died in 2000. My mother has never closed my father's succession. I live in Louisiana and I know the Laws are a little different. Generic will for both my father and mother. My mother has half of father's estate and 4 siblings including myself has the other half, however, my has usafruct over everthing until her death, which was last month. Our mother lives in a different city than the chrildren. I have been estranged from older sisters. Not long after the funeral I told my sisters to let me know when they want to go to my mother's house and pack up things. Well, I found out that my 3 older sisters went without telling me 2 times and said everything was stolen. I know this is not true. Besides my mother's house, My mother had 4 storage units filled valuables. My father was a collector of sculptures and artwork. We do have an Estate Lawyer, he is a friend of one of my sisters. I was upset that they did this without my knowledge. I called the Lawyer, and ask him if that was legal. I thought that we had to go through her belongings all together. The lawyer told my that was legal. He told me that they did not have to include me. This has upset me. They are very selfish and self centered. What can I do to get my portion. Can I do anything to protect me. I do not trust the lawyer because he is biased.

2 moms found this helpful

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So What Happened?

Thank you all for your advice. I know how busy people are with Life. I will cosider what ya'll have to say, then pray about it. I will let you know what I do. Again, thank all of ya'll for your advice. God Bless! Cecily

More Answers

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R.M.

answers from Topeka on

You are in a very difficult situation...especially being estranged from your family...you have to stop and ask yourself if it is worth it to have a legal battle in court over "things". I just don't know what you are going to be able to accomplish since it sounds like it is going to be a "he said she said" type situation with no real proof of what was part of the estate.
As difficult at it may be, I would have to just sever my ties with the rest of the family and move on with my life, if I were you.

4 moms found this helpful

L.B.

answers from Biloxi on

Louisiana law is weird - I am from there.

When my mother died, intestate, her "share" of the community property was divided between my father, my sister and I according to Louisiana law. When my father died, also intestate (seems my parents had a thing about wills) his property was divided between my sister, me, and my stepmother. Added to that, when the house was sold, was my sister's and my original inheritance from my mother's share.

Confused yet? LOL You should hear my grandmother's story when my grandfather died! Yowza - he had heirs from a prior marriage that we couldn't even find.

Anyhoo, You need to hire an attorney to represent you - one that knows Louisiana inheritance laws. Unfortunately, it is not illegal for one set of heirs to clean out and remove personal property. Tacky, and petty, yes, but not illegal. However, if you retain an attorney then you can require an inventory of the personal and real property.

I wish you luck. I don't understand how the death of a loved one can bring out the worst in some people - but it seems that is the case for your sisters.

I am sorry for your loss.

3 moms found this helpful
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S.B.

answers from Redding on

Death really brings out the worst in people.
Unless the wills speciifcally stated what was included in the estate(s) and the monetary value and who was to get what, this could be a rocky hill to climb.
For instance, my will could say that all my belongs are to be divided equally among my children.
If what I have isn't catalogued or spelled out more specifically, there really is no way of proving what my belongings were.
You could speak to another estate attorney.
It's hard to know if there is an executor, if things have to go through probate.
You need to ask someone who knows the laws in your state and can advise you further.

Best wishes.

1 mom found this helpful
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C.B.

answers from Boston on

Is there any item in particular that you would like to have to remind you of your mom? Perhaps you can ask them specifically that you loved and miss mom and would like xyz to remember her by? For an equal share of the estate I would double check with an impartial estate lawyer in her state. May cost you a few hundred dollars to get an answer though, since those folks charge several hundred per hour. Unless there is a large amount of money at stake it may not be worth your while. Since they were closer physically and it sounds emotionally, they could have been taking stuff for themselves for the last several months (with or without your mom's OK), so the "estate" may be down to hardly anything. I told my mom to make sure she uses everything up and we can each just take some memento. I am sorry your mom has passed away. Hopefully in time some of the good memories of your family will remain.

1 mom found this helpful
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R.J.

answers from Seattle on

It's time to hire your own lawyer. Unless motions are filed (or the will specifies certain percentages or items to individuals), heirs are allowed to split everything in whatever manner they choose (and are then responsible for paying whatever taxes go with "their" inheritance). It in no way is legally required to be equal UNLESS you get an attorney involved, they don't "have" to give you an old sock. Much less 25% of the monetary value or volume.

1 mom found this helpful

L.M.

answers from Kansas City on

I am so sorry for your loss... I hope you can find some peace and strength to deal with all this.

1 mom found this helpful

M.M.

answers from Tampa on

Take them to civil court... and maybe look into a mediator.

J.S.

answers from Hartford on

If these objects are more important than repairing your relationships with your siblings, then get yourself a new lawyer. And perhaps, just perhaps, if you get your relationships back with your family you'll find something more valuable than those objects. But you'll also put yourself on more even footing to get them to agree to give you some of the memorabilia. Attracting more flies with honey than vinegar, and all that.

C.B.

answers from Kansas City on

it's just stuff.

it's unfortunate that your mother didn't have these things settled before she passed. i am truly sorry for your loss. and the way it's happened has made everything worse for you.

maybe get another lawyer if it is worth it to you.

to me, it's just stuff. will your life be better or worse, if you put yourself through all this drama? what about for your kids, husband? is it really worth it?

i gather from the responses that it's "normal" to put oneself through this...to me i just don't see the need. you are already grieving. why add to the difficulties? let it go. just my advice.

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P.B.

answers from Shreveport on

wow..........seek advise from another lawyer

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D.B.

answers from Charlotte on

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