QUESTION
Can I sue my father's girlfriend and my uncle for dividing my father's belongings without my knowledge?
Asked on Dec 08th, 2011 on Estate Planning - Texas
More details to this question:
My father passed away two weeks ago. I am an only child. His girlfriend and brother divided his things without my knowledge.
10 ANSWERS
It depends upon who your father's beneficiaries are.
Answered on Jul 02nd, 2013 at 2:57 AM
Glen Edward Ashman
That depends on what his will says, and if he has one.
Answered on Jul 02nd, 2013 at 2:49 AM
In most states, there is a "by default" set of laws for distribution of a decedent's property when there is no will. It is called intestate succession. If proprety belonging to you was divided by you father's g/f and uncle, then you would have the right to sue them.
Answered on Jan 18th, 2012 at 8:10 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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You may very well have a valid legal claim and the time limit for bringing this claim has likely already started running. The answer to your question depends on whether or not your father left a will or a trust. If he did not, and there was no surviving spouse, you would have certain rights under the law to a portion of your father's estate, and perhaps even all of it. In such a case, you would have recourse against your uncle and your father's girlfriend for taking the property. You should consult with an attorney experienced in probate matters as soon as possible to discuss the details.
Answered on Jan 18th, 2012 at 8:03 AM
3 Awards
You can always sue anyone, anytime. The question is whether you have a valid claim against them. Just because you are his child does not mean that you are his beneficiary. If your father left a valid Will or trust leaving his assets to another, that is his choice, absent you being under the age of eighteen at the time of his death. This the first question is how old are you? If you are 18 or older then you need to determine if he left a valid Will or a trust. If he left either and you are not the named beneficiary, then you do not have a claim. If not, you may. You should speak to an attorney if you have any questions about your rights.
Answered on Jan 17th, 2012 at 2:18 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Open a probate (or, technically if no will, the administration of the estate). The executor can demand the return of property that is in the probate estate.
Answered on Jan 17th, 2012 at 1:51 PM
Alternative Dispute Resolution Attorney serving Baltimore, MD
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Whiteford, Taylor & Preston L.L.P.
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If your father was not married and did not have a will, then you as his only child would be entitled to receive his belongings. Therefore, you may have a cause of action against the girlfriend and your uncle.
Answered on Jan 17th, 2012 at 11:43 AM
Donald B. Lawrence
Before suing, consider the costs involved and the fact that you do not know all the facts at this point. Have you demanded they return the property? What is their response? Did your father leave a will? If so what does it provide? Has it been filed with the Probate Court? Sometimes a will provides that the deceased may leave a list of items with a designation as to whom the property is to go to and the list is signed by the deceased. That can be valid. If you do not get good answers to your questions, you may be able to file a criminal complaint against them for theft. If you do not want to confront them directly, you may want to contact the police and let them investigate.
Answered on Jan 17th, 2012 at 9:49 AM
Trust Attorney serving Cincinnati, OH
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Paul A. Nidich Attorney at Law
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Did he have a will? You should contact an attorney in your area to determine who has his will and who is going to handle the probate. It is entirely possible that your father left everything to his girlfriend. You need to attack this problem with legal help.
Answered on Jan 16th, 2012 at 8:14 PM
Ancillary Probate Attorney serving Dallas, TX
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Burdette & Rice, PLLC
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If your father died without leaving a Will, his property would not pass to his girlfriend or to his brother. If either individual has taken items belonging to your father's estate, they could be found liable for the value of the property taken. If you believe that it would take legal action to correct the situation, you should understand that you would first need to establish your role as an heir of your father. Depending on the value of the property taken, and a whole lot of other factors, the cost of the process might just outweigh the value of the property that you're seeking.
Answered on Jan 16th, 2012 at 7:28 PM