If I am beneficiary of property & someone says it was given to them before the owner dies is it still mine?

Question

My mom died and her will states that I am to get some of her furniture. About a year before she died she was placed in a nursing home and her furniture was stored at other relatives homes. Now one of the relatives says that she "bought" the furniture from my mom but has no proof. Am I still entitled to it since I am listed as beneficiary? If so, how do I get it from my relative since it's still in her home?

Answer 1

If there is no record of sale, if who ever now has the furniture does not have a receipt to show the sale, and your mothers signature checked to make sure it was her signature, then they have to abide by the will....the will is a legal document, and has to be followed to the T.  You need to talk to the lawyer who handled the will, and whoever was the administrator of the will.  If this family member was the administrator, then you need to speak to the lawyer who drew up the will, You also need to get a copy of that will, if it was on the up and up, everyone mentioned in the will should have received a copy.

Answer 2

Possession is 99% of the law. So it's not likely that you will get this item.

Answer 3

For the sake of family peace, how much do you really want that couch, or table etc? If it doesn't mean anything to you, go ahead and let that person have it. Why fight over something trivial, I am sure you were left other things that may have more meaning and value to them. Just really considered this before you go sueing someone in the family.

Answer 4

You'd have to take her to court.  Basically, it’s your word against hers.  She doesn't have proof that she purchased it and you don't have proof that she didn't.  But, it’s not uncommon to purchase something from a family member with no receipt/record.  Here’s a question the court is likely to ask you--if Mom wanted you to have the furniture why didn’t she give it you instead of 'storing' it at another relatives?

Answer 5

Unless your mom changed the will the relative has no foot to stand on.  The executors of her estate should show her a copy of the will and she will have no choice than to give it to you

Answer 6

sue em