Inheritance disputes can involve more than money or real estate. Jewelry, artwork, furniture, vehicles, and other personal belongings can also become the source of a serious disagreement. Problems often start when someone removes property before the trustee or personal representative distributes it, or when family members disagree about who should receive a particular item.
At The Grossman Law Firm, Attorney Scott Grossman represents beneficiaries and heirs throughout California when disagreements over estate or trust property turn into legal disputes.
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Key Takeaways
- Disputes over an inheritance are not always about money. Jewelry, furniture, cars, artwork, and other personal belongings can become just as contentious.
- No one should be removing property simply because they believe it was promised to them or will eventually be theirs.
- Before anything is handed out, the trustee or personal representative needs to know what property exists, what it is worth, and who is entitled to receive it.
- An appraisal may be necessary when an item’s value affects how fairly an inheritance is divided.
- If valuable property is missing, has already been taken, or cannot be accounted for, beneficiaries have options to protect what they are entitled to receive.
Why Do Inheritance Disputes Over Personal Property Happen?
Personal belongings often cause the most frustration in inheritance disputes.
One person may say their parent promised them a certain piece of jewelry. Another may insist the will or trust gives it to them. Sometimes, a family member goes into the house soon after a death and takes furniture, artwork, or collectibles before anyone has figured out who should get what.
Common disputes involve:
- Who owns a particular item?
- Whether someone improperly removed property
- How much an item is worth
- Whether the property should be sold or distributed
- Whether a will or trust gives the property to a specific beneficiary
Before anyone decides who gets an item, the trustee or personal representative needs to make sure it actually belongs to the trust or estate and to check any instructions about how it should be distributed.
What Should You Do If Someone Takes Estate or Trust Property?
Act Before the Property Disappears
If you think someone is taking property without permission, do not assume you are powerless.
Start by making a list of what is missing. Photos, appraisals, insurance papers, receipts, inventories, emails, and other records can help show that an item existed and belonged to your loved one.
The trustee or personal representative is responsible for protecting property under their control. If they know someone has taken estate or trust assets and do nothing, beneficiaries have a right to question whether they are doing their job.
If valuable property is sold, given away, or taken out of California, getting it back can be much harder.
How Is Personal Property Divided Among Beneficiaries?
Start by looking at the will or trust.
If the document specifically directs that a particular item go to a beneficiary, the fiduciary generally must follow those instructions unless another legal issue affects the gift.
If there are no explicit instructions, the trustee or personal representative may have some choice about how to handle the property, depending on the will, trust, and California law.
Valuable Property May Need an Appraisal
Value matters most when beneficiaries are supposed to get equal shares.
Picture two siblings, each set to get half of an estate. One wants to keep the art collection, the other wants cash. The trustee or personal representative needs to know the art’s value before deciding whether the split is fair.
An appraisal can show the property’s value and help prevent arguments over whether one person is getting more than their share.
What If the Beneficiaries Cannot Agree?
Not every disagreement turns into a court case. Sometimes, beneficiaries and the trustee or personal representative can work things out by reviewing the will or trust, obtaining an appraisal, or agreeing to sell the property and split the proceeds.
But some disputes cannot be resolved on their own.
If someone will not give back property, the trustee or personal representative is taking sides, valuable items are missing, or the fiduciary will not act, you may need to go to court.
The right legal steps depend on whether the property is part of a probate estate or a trust.
If valuable property that should be part of your inheritance is missing or being improperly distributed, The Grossman Law Firm can review the circumstances and help you understand what legal options may be available.
FAQ
Can a beneficiary take personal property from an estate before probate is finished?
A beneficiary should not simply take estate property because they expect to inherit it. The personal representative generally needs to identify, administer, and properly distribute estate assets.
What if someone took property from my parent’s house after they died?
Document what you believe is lacking and notify the trustee or personal representative. If the property is valuable or the person refuses to return it, legal action may be necessary.
What if two beneficiaries want the same item?
Start with the will or trust to determine whether it specifically addresses the property. If it does not, the fiduciary may need to determine how to distribute or sell the item in accordance with the governing document and California law.
Can I go to court over personal property?
Yes, depending on the circumstances. Disputes involving ownership, missing assets, improper distributions, or fiduciary misconduct may require intervention from a California probate court.
Related Resources
How The Grossman Law Firm Can Help
A fight over personal property is often about more than just who gets a piece of jewelry or furniture. If valuable items go missing, someone takes assets without permission, or the trustee or personal representative will not protect property that should be yours, you may need to act.
At The Grossman Law Firm, we help beneficiaries and heirs across California protect their rights in probate and trust cases.
Call (888) 443-6590 or complete our Get Help Now form to discuss your situation.
Our Intake Specialists can evaluate your case at no cost to you. Qualifying cases will be scheduled for a Free Phone Consultation with Attorney Scott Grossman.
Originally Published: Feb 14, 2018