QUESTION
Before I was appointed administrator of my husbands estate when he died ,his family took some of his belongings saying they wanted and kept them.
Asked on Jul 24th, 2012 on Wills and Probate - Georgia
More details to this question:
I have no knowledge on this type thing, that is why I am asking. The only thing his family ever discussed with me was monetary issues, the burial, and how much money he owed them before he died. And then they quoted that the gun safe and guns were at one place, the flat screen t.v was in another state, his tools and rolling cart etc. But the sister said since they were family, they had rights to his belongings. I was his wife, and he had no children. He died Feb 15,2011. Is it too late for me to take action, and if I can, what can be done. During the time of his death, I feel like she made me look as to be a fool, i have never had to deal with this. The money raised at his job, she kept it and his wallet, she got it from the hospital. I just need answers, because the more I think of how things went, the more it hurts. I would like my husbands things returned. Thank you
1 ANSWER
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My condolences to you. If you and your husband were actually legally married at his death and he had never had any children, then you would have been his only heir. If he did not have a Will (it sounds like he didn't), then none of his other family members would have been entitled to receive any assets from your husband's probate estate just because they were family. If he owed legitimate debts to family members, then those family members would have been entitled to be repaid before you could keep your husband's assets, but it sounds like they just ran in and took things. You can try to recover his assets, but unfortunately you should have taken action when this actually happened. Legally, you may still have rights, but in reality those assets are probably long gone and it may be difficult or impossible for you to recover them. You should consult an experienced probate attorney in person if you want to pursue this, and do not wait any longer. Good luck to you.
Answered on Aug 22nd, 2012 at 8:40 AM