Do I have any claim or rights to this family heirloom?

Question

My brother passed away late last year.  He was in possession of a banner that belonged to our dad that passed away years ago.  The banner has little or no monetary value, but has a large amount of sentimental value.  It is now in the hands of my brother's adopted adult son and his widow and they do not want to part with it.  I believe it should be passed to my father's last surviving direct blood relative and his widow, my mother, who is still alive.

Shadi Ala'i AlaiShaffer · Answer

You really need to consult with an attorney on this one as it is not something we can reasonably advise you on here via email. My apologies I couldn't give you more feedback.

Brian Haggerty · Answer

Law school exam question. Your brother's estate, if he left no will, passes to his spouse; if he had children that are not also her children, then spouse and children split the estate. But that's not really your question; the question is, who inherited the banner when your father passed away. Was your father's estate probated. Even if it was, was the descent of the banner actually addressed.

Marcus Kroll · Answer

The Will typically disposes of personal property.  If not, it would be up to the executor / administrator.  Is there a Will?

James Frederick · Answer

Personal property items are always a tough call. Since it has no actual value, you need to decide how much you are willing to spend to pursue it, with the understanding that you might not win the case.

Dara J. Goldsmith · Answer

If it was left to your brother by your father outright, not in trust, then you have no claim to it, absent your brother placing provisions in his Will or Trust to give it to you.

Christine James · Answer

Generally speaking, if there is no will or other directive otherwise, the surviving spouse is the heir and if no surviving spouse, the child/children.  All you can do is be nice and ask.  Maybe the family can share it.

Thomas Edward Gates · Answer

I am assuming that there was no will.  If not, in Washington, the estate will pass to his spouse and children defined by the statutes.

Mark T. Peters · Answer

Well, you may believe that, but it was his possession and is with his family.  You may think of the son as adopted, but your brother probably thought of him as his son and would be happy for him to have the banner.  He does have your brother's last name.  They may appreciate the sentimental value of the banner as much as you.

Randy Harvey · Answer

The object would pass to your brother's wife and child (even if the child is adopted), unless there was a specific provision in a will that stated otherwise. This provision could be either in your father or brother's will. I am unaware of any basis on which you could claim the object absent a will provision.

Susan Wideman · Answer

You certainly can make your position known to his widow, however, if he did not have a will or his will said all personal possessions to his spouse, you may not be successful in gaining possession of the banner.   You basically do not have any legal basis to claim possession of the banner unless there is written documentation (i.e. a Will) that indicates that he wanted it to go to you at his death.  Hope this is helpful.

James Oberholtzer · Answer

The ownership depends on how your brother came to possess it.  If it was given to him to own then it was his and passes to his heirs or legatees. That would be his widow and son.  It is was given to him to hold for the family then it would be the family's property.  In the absence of written evidence or strong evidence to the contrary, I would expect it to be his property and passed properly to his widow and son.

Charles Perry · Answer

It's a bit hard to understand all the relations in your question, but   I will try to give you an answer.  The banner appears to have been the separate property of your brother.     As such, it would pass by the terms of his will  assuming he had   one.  If your brother had no will, it would pass according to the laws   of intestacy.  Pursuant to those laws, both your brother's wife and   adopted son would have an interest in that banner, to the exclusion of   everyone else.  I hope this helps.

Jayne Sebby · Answer

If your father had a will and included the flag as a bequest, then the flag goes to that person.  If there was a will but no specific bequest for the flag, it would go to whoever receives the "remainder" of the estate.  If there is no will, state statutes will determine who is to inherit the flag.  Usually states give preference to the surviving spouse and any natural or adopted children.

Carl Silver · Answer

You don't, your mother does. The question is whether it is worth $3000 to commence an estate.

Gerald Bagazinski · Answer

No matter what you believe, it was your brothers property to do with as he saw fit.

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Do I have any claim or rights to this family heirloom?

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