What am I entitled to if my mom died while sharing apartment with my aunt? 19 Answers as of January 06, 2014

My mom died December 24, 2013 while sharing an apartment with my aunt. am I entitled to my moms things? Mom lived with my aunt and shared all bills 50-50 am I still entitled to my personal belongings?

Ask a Local Attorney. 100% Anonymous. Free Answers.

Free Case Evaluation by a Local Lawyer: Click here
The Bryan Law Firm, L.L.C.
The Bryan Law Firm, L.L.C. | Douglas L. Bryan
Yes, you and your siblings, if any, would be entitled to inherit all of your mother's property if she didn't have a will.
Answer Applies to: Louisiana
Replied: 1/6/2014
Estrada Law P.C. | Michele Ungvarsky
It depends on whether your mother had a will which specified how the estate would be handled. If she did not have a will each state has rules on how property is distributed without a will; it is called intestate administration. Generally the spouse and children of the deceased have priority in the distribution of the estate.
Answer Applies to: New Mexico
Replied: 1/6/2014
Frederick & Frederick PLC | James P Frederick
It depends. If all of the belongings were your mother's, then you would at least be entitled to a share of them. If they belonged to your aunt, then you are not entitled to anything, at least not yet. If you cannot tell what belonged to whom, then I think you are probably out of luck. It is often VERY difficult to determine who owned what personal items, because none of these assets have title. So proving it in court is always tough. It is even tougher to need to take your aunt to court over personal property.
Answer Applies to: Michigan
Replied: 1/6/2014
Law Offices of George H. Shers | George H. Shers
That she shared an apartment has nothing to do with her own possessions going to you. If you are the only heir, you would be entitled to all of her possessions. If there is a Will then that determines what happens to the estate assets.
Answer Applies to: California
Replied: 1/6/2014
James Law Group
James Law Group | Christine James
If your mother was not married, her children all share equally in her estate.
Answer Applies to: California
Replied: 1/6/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If you are her only heir, you are entitled to all of her personal belongings. You are not responsible for her bills (or share of the rent if that is what you are asking).
    Answer Applies to: Florida
    Replied: 1/6/2014
    Kosloff & Greenwood
    Kosloff & Greenwood | Oliver Greenwood
    Technically yes, but I wouldn't show up with a shopping cart and a smile at your aunt's apartment. I'd give your aunt a call and ask if she knew of anything that your mom wanted you to have. Don't be surprised if there is nothing.
    Answer Applies to: California
    Replied: 1/6/2014
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    You are entitled to collect any personal possession that you had at your mother's apartment. Your mother's possessions must be distributed according to her will or according to the state's intestacy laws.
    Answer Applies to: Nebraska
    Replied: 1/6/2014
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You are entitled to whatever is yours. Why wouldn't you be? If it was your mother's it will need to go through probate.
    Answer Applies to: Nevada
    Replied: 1/6/2014
    The Curran Law Firm
    The Curran Law Firm | Maura Curran
    It depends. Does your mother have a will? Did she have a surviving spouse? Was anything held jointly? Are there minor children? You should employ an attorney to find out what your rights are with regard to your mother's estate. Likely you will need to probate her estate if she owned anything in her name alone (that being not in a joint account or without beneficiary designation).
    Answer Applies to: Florida
    Replied: 1/6/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    Your mother's assets are in her estate. Such assets would include her personal property. The assets would be distributed in accord with her will. If no will then to her spouse, if any, and children. If no spouse, then her assets would be divided equally among her children with the descendants of a deceased child equally dividing the deceased child's share.
    Answer Applies to: Illinois
    Replied: 1/6/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    Of course. However, you have an evidentiary problem: what was your mom's, and what is your aunt's? Personal advice, walk softly: your mom may not have owned anything that is so valuable it's worth blowing your family up. Work with your aunt, get things that are personal to your mom and important to you. Don't try to strip the apartment of furniture just because your mom bought it.
    Answer Applies to: Oregon
    Replied: 1/6/2014
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    You and any other siblings are your mother's next of kin. As such, you may request her personal belongings. Contact your aunt with a list of your mother's personal possessions you want to retrieve.
    Answer Applies to: California
    Replied: 1/6/2014
Click to View More Answers:
12 3 4 Free Legal QuestionsConnect with a local attorney