Recapturing Family Heirlooms

Forums: Relationships, Family, Pirates, Heirlooms, Inheritance
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When my mother passed away unfortunately 2 years ago and our father decided to downsize we held a family "auction". Meaning that we literally threw the dice to see who would go first and then from there we all took our turns choosing what we would like. All went fine and without a hitch at the time. Now I feel a little sick about this and so do my other siblings. We thought that our one brother had changed of sorts but obviously to us he hasn't. We all love him very much but his addictions and bi-polar disorder have put our cherished posessions in limbo. I don't care if he wishes to sell the jewlry, china, and other things. But the incredible thing is that my mother was or should I say is a somewhat famous contemporary artist. I'm not seeking compensation, just want a part of my mom back. How do I get her art that is stored in inferior storage back?

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@islandgirl,

It may be hurtful to you, but remember, your brother is a child of your mother, just like you. As a family, you all decided to divide her stuff a certain way. What your brother received now belongs to him. The time to have thought of the ramifications of what you all were doing were before the items were divided, not after the fact.

You might ask him if he would let you have (or buy) some of your mother's artwork. He is under no obligation to accede to your wishes.

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But the incredible thing is that my mother was or should I say is a somewhat famous contemporary artist. I'm not seeking compensation, just want a part of my mom back. How do I get her art that is stored in inferior storage back?

I question your motivation in wanting the pictures.

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your brother may be more interested in cash than chattels. perhaps you and your siblings could combine to purchase your mothers work.

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I agree with the others but the "improper storage" thing changes things a bit.

If the paintings are being stored in a way that they can be damaged or ruined it might be okay to suggest that your brother leave them with you until he has a place suitable for storage.

Also, perhaps all of the siblings could sign some kind of contract guaranteeing the family first right of refusal should one of you decide to sell one of your paintings. Then if someone wants to raise some ready cash, you can get the painting appraised and someone in the family can buy it.

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@islandgirl,

Her work has come into greater value only after her death? Is she a "regional artist"?

Why did only he choose your mothers artworks and noone else? This sounds a bit like you were snookered by someone who was more art saavy than you and your other siblings.
The smart thing,at the time, was to have the stuff appraised, the valuable and the not-so-valuable, then you should have divvied up in more equal portions.

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@farmerman,

I don't know enough about legalities to comment wisely, but I'm interested in your situation. Which brings up the obvious, speak with an art world savvy attorney (but be careful).

Have you discussed all this with the original attorneys? Not that you should - in your case I'd like, if I were you, to know more about potential issues at the same time I'd want to protect the paintings (et al).

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I've heard of this dice-throwing process of divying up things before and think it stinks. Someone always regrets it later. You never should have agreed to it.

Ideally, you and your mother should have agreed about the artwork before.

Besides, if your sibling is untreated, active bi-polar, if he even thinks you want anything of his, he will cling to it even more. Unless you can manipulate him into either cash buyout or trade, then live with it. But try to get them into dry storage, at least.

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Recapturing Family Heirlooms

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