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lifeaintnojoke Asked March 2020

Can a sibling hold deceased mothers belongings hostage?

My younger sister that resided with my mother won't allow us to access my mothers belongings since she passed away a few weeks ago, do we have any legal rights?

Countrymouse Mar 2020
To "access" your mother's belongings? What are you planning to do with the belongings once you have "accessed" them?

Did your mother leave a will?

I'm very sorry for your loss. How many weeks is a few weeks?

If your sister is still living in the home she shared with your mother, depending on where it is of course, I think you should leave this be for the time being. It would not be surprising that she did not want people coming into the house - in fact it's government policy in many states, isn't it? - and besides can it really not wait a while?

I'm also not sure what you mean by 'holding... hostage' except that it implies some sort of dispute going on between your younger sister and whoever 'we' is. What sort of dispute?
lifeaintnojoke Mar 2020
Thank you Countrymouse, she passed Feb 27, and we is me and my older sibling, her will did not address this because my mom thought we would come together and not have this type of issue. We want to donate the clothes, shoes, etc., and then there are some items that are sentimental to each of us. Shes holding them hostage as she won't allow us in to go through the items. We waited as we figured she was grieving but now its been a month and truth of the matter is we are all grieving and want to feel close to my mom and have the right to have a part of her with us.
worriedinCali Mar 2020
Who owns the home and was there a will? Or a trust? Is there an executor of the will? If there’s a will & an executor then the executor holds all the cards right now. Is the sister who lived with your mom the executor? If there’s no will then you really don’t have legal rights at this point.

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notrydoyoda Mar 2020
No. Is she the executrix of the estate? The executrix or whoever is designated as such has the legal responsibility to distribute according to the will.

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