QUESTION
How can I obtain the belongings that my grandfather left me in his will after he died when his family refuses to give it?
Asked on Sep 23rd, 2013 on Estate Planning - Missouri
10 ANSWERS
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
If the Will was submitted for probate, petition the probate court. If it was not submitted for probate, this will get very difficult. Get professional assistance.
Answered on Sep 26th, 2013 at 5:09 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
You would need to go to the court and open an estate. The judge can compel the family members to honor the Will.
Answered on Sep 26th, 2013 at 4:46 AM
Thomas Edward Gates
While a motion with the court requesting that the items be given to you.
Answered on Sep 26th, 2013 at 4:45 AM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
You can sue them in probate or civil court seeking the items return to you.
Answered on Sep 26th, 2013 at 3:42 AM
Yes. Ask them for them; nicely. If they refuse, send a letter certified mail, return receipt requested asking for them nicely with a deadline. If they fail, file a probate petition to have the Will enforced.
Answered on Sep 25th, 2013 at 11:51 AM
Commercial Contracts Attorney serving Boise, ID
at
Peters Law, PLLC
Update Your Profile
If a probate matter has been opened, file a claim for the specific items. If it has not, open one and show the court how mean and nasty the relatives are.
Answered on Sep 25th, 2013 at 11:43 AM
2 Awards
Your situation is tough and not uncommon. I would have an attorney write a letter to the executor. If that doesn't work you need to decide if it is worth going into court and enforcing the gift.
Answered on Sep 25th, 2013 at 10:23 AM
3 Awards
You would need to file in the probate to seek distribution.
Answered on Sep 25th, 2013 at 9:56 AM
If the will states that you are to receive certain items, the executor has an obligation to hand them over to you. However, if the will doesn't list specific items are to be delivered to you or if the entire estate must be sold to obtain funds to pay off creditors, you may not inherit anything.
Answered on Sep 25th, 2013 at 8:12 AM
Litigation Attorney serving St. Louis, MO
at
Probate Law Center Richard J. Keyes, PC
Update Your Profile
If there has been a probate estate opened up, in Missouri you need to make demand on the personal representative for the belongings. If you make the demand and do not receive the belongings, then you will need to see an attorney. If the will has not been admitted to probate, then see an attorney about opening up a probate estate.
Answered on Sep 25th, 2013 at 8:01 AM