My Mother had 8 kids and there are 7 still living. The sister that was living with Mom at the time of death has not been fair in giving up my Mom's things and my Mom owned a car, washer, dryer, freezer, bedroom set, kitchen, and so much more. How do I take her to court to get some of the things my Mother left?
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It would be nice if the OP had come back to clarify things because we are all just guessing at the details.
ShakingDustOff - interesting to see you've returned to the forum. I remember you.
My comment was not aimed at you, but of course, you're free to believe it was, if that's what you want to do.
Y'all have fun with this one. I'm out.
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The County/City will appoint a family member to be the Administrator of the Estate. If Mom had money in the bank, then that account needs to change over to an Estate account, that way the Administrator can write checks to pay for bills. All the bills and copies of the checks need to be kept as the Court will request these items.
Now, if Mom was renting her home, then your sister would have needed to remove all of those belongings and store them somewhere. So I was wondering if there was a misunderstanding why that sisters may have those items at her home?
That leaves the 3rd possibility - she just does not want anyone else to have it and she's mad. Such a shame.
Anyway, please ask yourself why it's bothering you so much that your sister is taking these items. Once you have that answer, you'll know what to do.
Let's allow the OP to come back (if they will) and explain a little further before we go off the deep end here.
A used car and furnishings are not going to be worth very much, in fact when my mom got rid of her home we discovered that it would cost more to host an auction than we would likely get for her things. Suppose you got $20,000 for her things, divided by 8 (I'm including the possibility of children from your deceased sib) you would each end up with $2500, less legal fees. Is it worth the fight?
Did your sister get reimbursed or paid for taking care of your Mother? Or did she have to give up her job and her house and her way of living to take care of your Mother? If your sister had to move from her own house into your Mother's house, what did she do with her furnishings? Did she put her living room and dining room furniture in storage or is it in your Mother's house? Did your sister have to sell her washer and dryer when she moved in with your Mother?
Before you get all huffy and go to court, all of the children need to have a family conference. If you can't agree about your Mother's belongings, then I suggest that you contact a MEDIATOR to mediate an agreement between the children before you go to the expense of hiring a lawyer.
Google "mediator for state of _____________"
Nebraska has the "Office of Dispute Resolution" to "enhance and to advance the use of mediation and Alternative Dispute Resolution (ADR) in courts and communities by partnering with ODR-approved mediation centers and others involved with ADR...is a helpful problem solving process that empowers disputing parties to prioritize and express their wants and needs in order to arrive at a mutual agreement." https://supremecourt.nebraska.gov/programs-services/mediation