Q: Can the Probate Court intervene to require access to childhood photos to be reproduced? One sibling has them all.
When my mother moved out of her house prior to the sale and into Assisted Living, my sister offered to store sentimental items for her for "safe keeping". My mother has passed away, and my sister refuses to allow me to have or even make copies of my childhood photos. Since they don't have monetary value, will the Probate Court intervene? If not, what are my options?
A: If your mother passed with or without a Will, the assets of her estate that do not pass by trust of or outside of probate (like life insurance proceeds to the beneficiary) needs to go through probate. The question here is whether those photographs remained your mother's property. Your sister will claim they were a gift from mom to her prior to her death. The estate should have a personal representative, and the PR must be represented by an attorney. You may end up having to hire your own attorney for those pictures, and it will not be an inexpensive undertaking.
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