Can a sibling claim their deceased mother’s furniture if she moved it while alive into the daughter’s home while she lived there?

Asked on September 17, 2014 under Estate Planning, Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The location of the furniture has nothing to due with ownership: the mother's furniture in the mother's house, a child's house, a friend's house, etc. is still the mother's furniture. If she is deceased, her furniture will go to whomever gets it under the will; or if there is no will, it will pass according to the state laws on intestate succession. If someone takes the furniture who is not entitled to it under the will or intestate succession, that may be theft.


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