Who has the rights to the contents to an inherited house and its contents?

Get Legal Help Today

 Secured with SHA-256 Encryption

Who has the rights to the contents to an inherited house and its contents?

I and a few other family members inherited a house from my grandfather once his wife my step grandmother passed away. The step grandmother’s children had legal use of the house for 6 months after her death in order to clear her belongings out, but where not to inherit the house. We let them have 6 additional months. After 1 year of my step grandmother’s passing, her family would not give us keys to the house. We had a locksmith come out and change the locks, proving our ownership with the Will. Now, they are trying to sue us for taking china out of the house. They have been in the house and found we had cleared items out because they are friends with an uncle one of the co-owners. Can legally sue us over this? They had 1 year to clear items out of the home and did not clear everything. We are the legal owners of the house and it’s contents, including the china.

Asked on October 18, 2012 under Estate Planning, Louisiana

Answers:

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

Answered 9 years ago | Contributor

Generally speaking, inheriting a home means the property - the real property - and the structure.  It does not include the contents which are personal property.  It could include the contents if the Will so states.  But here you have many issues going on.  You let them stay and you acknowledged that they owned the contents in the first place or at least some of them.  I think that you should take a deep breath and try and work this out.  Otherwise you will be getting in to a lawsuit to evict.  Good luck.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption