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How Heirlooms are Handled in Probate

On Behalf of | Oct 22, 2024 | Probate | 0 comments

Heirlooms, mementos or simple keepsakes can hold significant value for some people. Thus, it can be unfortunate when someone dies without a will (intestate), and the lack of one leads to infighting among the heirs, especially if multiple heirs value the heirloom dearly. In such a case, a probate court will have to resolve the dispute.

Heirlooms as Personal Property

The law considers heirlooms such as jewelry or antiques to be the deceased’s personal property. Without a will specifying to whom each item will go, and if the heirs disagree on the distribution, the deceased’s property distribution goes through probate and follows the state’s intestate succession laws.

What the Court May Do

To resolve the dispute, the steps the court may take can include the following:

  • Mediation: The court will first try to resolve the dispute by asking the heirs to talk among themselves to reach a compromise. The court will appoint a neutral third party as a mediator to facilitate the discussion.
  • Equitable distribution: If mediation fails, the court will distribute the deceased’s properties, including the heirlooms, using equitable distribution, which can be quite different from equal distribution.

This distribution might involve selling the heirloom or awarding it to one of the heirs. If the former is available, the court will appoint an executor to manage the estate liquidation and distribution. If the latter, the court will hear the heirs for consideration, award the heirloom to one and give the others an asset of equivalent value.

What the Heirs Can Do

Heirs have the following options if confronted with an heirloom dispute:

  • Be open to dialogue: Heirs should prefer mediation. However, if that fails, it is still best to maintain open communication.
  • Consider legal representation: If mediation and compromise do not work, consulting with an attorney will help the heirs understand their legal rights and options.
  • Make their case to the court: Heirs should gather evidence and document why they deserve the heirloom to help the court determine which heir should receive it.

Handling heirlooms in probate without a will can be challenging, especially when heirs have conflicting desires. The probate court aims to ensure a fair and equitable distribution, considering legal and emotional factors. By understanding the process and seeking mediation or legal advice, heirs can work toward a resolution that honors the deceased’s legacy and maintains family harmony.

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