QUESTION
Is it true that now my husband is deceased that his part of his dad's items go to his wife?
Asked on Aug 05th, 2013 on Estate Planning - Michigan
More details to this question:
My husband died nine years ago. His brother took all of his stuff up to his house. He said when my son turned sixteen, he would bring it back. He now says my son only gets a toolbox. He is claiming the rest. Can I get it back? The two brothers inherited their dad's stuff.
10 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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It is probably too late to do anything about it. You can try to file a case in probate court.
Answered on Aug 26th, 2013 at 9:03 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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How much actual dollar value is involved? Brother was not right to take anything, there's probably an argument that he holds all the property in constructive trust for the boy. Actually, it was probably theft. But after nine years? How can you prove what property there was? If your husband survived his father long enough to inherit, then, on your husband's death (with no will) you would inherit all, unless he had children which were not your children, in which case you would split with them. But after nine years, there is very little chance of correcting what was done, in my opinion.
Answered on Aug 13th, 2013 at 11:58 PM
You and your son would have inherited all of your husband's things on his death and your brother had no right to take any of them.
Answered on Aug 13th, 2013 at 11:58 PM
Estate Planning Attorney serving Wilmington, DE
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Reger Rizzo & Darnall, LLP
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It depends on what the Will said. Even if no Will you should be entitled to something that was your husband's. You can try to file an action for them to return it but you may be barred by the Statute of Limitations.
Answered on Aug 13th, 2013 at 11:58 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Why would you let your brother-in-law take your husband's things that passed to you on death? No, there is nothing you can do because you didn't protect yourself when you could.
Answered on Aug 13th, 2013 at 11:58 PM
Criminal and General Civil Litigation Attorney serving Warsaw, IN
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Rockhill Pinnick LLP
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Show the will to an attorney. If there is no will, then more questions need to be asked before this question can be answered.
Answered on Aug 13th, 2013 at 11:58 PM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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It would appear that whatever was going to your husband should now be going to you or your son.
Answered on Aug 13th, 2013 at 11:58 PM
Thomas Edward Gates
Your brother-in-law should not have gotten anything from the estate. You did not indicate if there was a will. I am assuming not. In Washington, dying intestate, divides the estate as the wife getting 50% of the husband's estate (the wife now has 75% of the communal estate) and the children sharing in equal shares the remaining 50%. Contact an attorney to assist you.
Answered on Aug 13th, 2013 at 11:58 PM
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It was 9 years ago. Probably cannot get it back but if you want to try have a lawyer write the brother a letter demanding it on the basis that it was not his to keep. He had no right to take it in the first place. As far as your father-in-law's estate, your husband's share should have gone to your son.
Answered on Aug 13th, 2013 at 11:58 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It is not really clear what happened. Did your father-in-law die before your husband? Did the brother then remove your husband's things from your house? If so, that would be conversion. If you allowed it to happen, though, your brother-in-law will argue that you gave him the items. Your facts are not clear, so it is difficult to know what to suggest. You also have a statute of limitations issue to contend with because 9 years is an eternity, in legal matters. You do not say how much the items in question were worth. If they primarily have sentimental value, then you may decide it would be better to let this go.
Answered on Aug 13th, 2013 at 11:58 PM