Monday, April 9, 2012

Am I right? What recourse do I have?

Please read this even though it's lengthy...I REALLY need advice, opinions and insight. Here's my predicament: My mom (who I was very close to) died unexpectedly at the age of 55 two weeks ago. There was no will and no life insurance. My brother and I were her only two children. We are both grown, married and with families of our own. My mom was married to a nasty little man for the last several years of her life. They couldn't stand one another but stayed together because neither wanted to be alone and they said they couldn't afford a divorce. My brother and I were not close to our step-dad either, but we were always civil. Anyway, he's on social security/disability so he has a small, fixed income. When it came time for the funeral arrangements, he announced that since there was no life insurance, he couldn't pay anything. My brother and I got out our checkbooks without hesitation. This was about honoring our mother. She had a beautiful memorial service. After several days went by, I called my step-dad and asked him if I could come over and get some of my mom's things to have. Nothing expensive and nothing she acquired while they were married; just things like the rocking chair she bought when I was born, a statuette that belonged to my great-grandmother, pieces of cheap costume jewelery from mom's jewelery box, etc. He told me "no". He said he's keeping the house and everything in it. Note: my mom bought that house with cash before she married him. Once they married, she added his name to the house. I'm not upset that he wants to keep it, he can have it. I'm upset that 80% of the contents INSIDE the house were items my mom owned before she ever laid eyes on the man. Family heirlooms that have been ped down for generations, mother-to-daughter, items of sentimental value, etc. My mom collected elephants. She had hundreds of elephant statuettes...some big, some small. At the viewing, I made sure one of her small ceramic elephants was on display. After the viewing, I asked him if I could keep it. He said "no" and made me give it back, even though he has all the other elephants from her collection! I'm so mad right now. My mom would be furious if she was here. I know legally I can't do a darned thing since that was her husband. But I just need to know....am I wrong? Am I right? And what would you do in my situation?

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