QUESTION
Can I win a lawsuit to get family heirlooms?
Asked on May 29th, 2021 on Wills and Probate - Colorado
More details to this question:
My father passed away without a will to my knowledge. He had an ex girlfriends daughter he raised as his own who took all his and my grandmothers things left to my father when she passed. I would like them returned to me, my fathers only next of kin left alive. This is under Colorado law which states if their is no will the estate goes to spouse and /or children. My father had no spouse and my brother passed a few years before my father.
1 ANSWER
2 Awards
You can bring a suit for conversion, converting the estate's property to her own. The sentimental value had better be high: litigation costs money and, without evidence both of what your grandmother's things were and where they are now, it will be hard to win.
You can also file an application to determine heirship, become appointed administrator of the estate and file a Motion for a Turnover Order ordering her to turn the things over at a certain time and place. While this may be less expensive, if he raised the woman as his own, she may be a fellow heir. Again, you wil need evidence both of what your grandmother's things were and where they are now.
Answered on May 30th, 2021 at 5:26 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.