If your mom wills something to you can another family member keep it claiming it belongs to them?

Answer 1

Yes. A person can bequeath only those assets that he or she owns. If Mom didn't own the item, she can't leave it to anyone. It would be like me leaving you controlling interest in Microsoft. (I'm not Bill Gates.) ==Another Perspective== Sometimes an older person may forget they have property in their home that belongs to someone else. The item may have been loaned to them or they may have given it to someone who failed to "take it home" right away. The item may have belonged to someone who lived with them at some time. That type of problem always creates a difficult situation when someone dies. Alternatively, another common problem when a parent dies occurs when a child wants an item badly enough that they manufacture a story about it really belonging to them. Your mother wanted you to have the item. If the property was in your mother's home and specifically devised to you in her will it should become your property unless your sister can provide some proof to support her claim. Review the wording in the will and when it was written. See if other family members remember your mother speaking of the item or giving it to your sister in the past. Perhaps there is a friend or neighbor who can remember how long your mother had it in her house or if she spoke about it. This situation is much greater than Jefferson devising Microsoft to you because Microsoft is not in his possession. If the item your mother devised to you was in her possession it appears that it belonged to her. As they say, possession is nine points of the law. The law does not lightly remove property from someone who already has it (your mother) and give it to someone else (your sister). To be fair you should allow your sister to prove the item belongs to her. If the item was in your mother's possession the burden is on your sister. She should provide an explanation of why she considers it to be her property. Or, you may give your sister the item in order to preserve peace in the family.