What are my rights to my deceased mother’s personal property?

My mother’s Will has been probated for 2 years. There are several of her personal items that I gave her that I want to have. I also want to take her pictures and have some made. My brother and sister, both older than I, continue putting me off saying everything is in storage. I don’t believe them.

Asked on June 11, 2012 under Estate Planning, South Carolina


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I am so sorry for your loss.  If you and your siblings all inherited equally then you all have the same rights to the property.  You did not mention who is the executor of the Will.  That person has the right to do what they think is in the best interest of the estate with the property. You can look at the probate file as it is a public record but I doubt that it will tell you anything about the status of the personal property. This is a tough situatio for you.  You can formally ask the executor for an accounting (informal at this point) as to the whereabouts of the personal property. Maybe a family memebr could help by interceding.  Otherwise, you would have to speak with an  attorney about your next steps.  Good luck.  

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