My son is 16yrs. His father and I have been divorced for 7 yrs. Son has a computer at dad's house, bought by grandma, that dad won't give up. Son also has a truck, left to him by his grandfather, that he won't license or insure so that my son can bring it home. My son is so afraid of angering him that he won't even talk to him about it. His dad will not talk to me about it. Does anyone know how I can find out my son's rights?
2007-02-07 01:46:27 · 4 answers · asked by lsloner 1 in Family & Relationships ➔ Family
Contact the attorney that handled his grandfather's estate. Let him know that your son has not received the items bequeathed to him. Is your ex the Executor of the estate? If not, then contact the Executor---it's his job to distribute the items left in the will. If your ex is the Executor then the attorney will let you know which Clerk in the Probate Court to contact about this. Any documentation you have would be helpful. Make sure you know the full name of the deceased, birth date and date of death. If there was no attorney involved then contact the Probate Court in the city or county where the grandfather lived before his death. They should be able to help you. Also, you and your son may have to pay to get the license and insure the truck if his father is unwilling. He is not obligated to do that. Good Luck!
2007-02-07 01:55:17 · answer #1 · answered by Kimmi 3 · 0⤊ 0⤋
Although your son is 16, in the eyes of the court he is still a minor. If your son truly wants these things back and you can prove these things are his (a notorized letter will stand up in family court), take your ex back to court, FAMILY COURT, and file an Order to Show Cause for the reason that he is not returning his son's belongings. I know it sounds extreme, but sometimes, it's worth it and this always works.
If you don't want to go to that extreme just yet, start off with a demand letter. You don't have to be obnoxious in the letter (it's best if you aren't in case he brings that to court if it comes to that) Just simply stick to the facts and it is completely legal to inform him what you plan to do (take him to court) if those things are not returned within 30 days. (he must be given ample time to respond). It would also be helpful to your son if you write in the letter that your son does not want to be put into the middle of this, for fear of angering him, but would like his belongings back.
I wish you luck honey and I hope your ex comes to his senses in regards to the material possessions before you have to go to court. More times than not, the other parent holds onto certain items as a way of controling the child stuck in the middle. It's hard being the parent who doesn't actually do the parenting.
2007-02-07 09:57:58 · answer #2 · answered by Hollynfaith 6 · 0⤊ 0⤋
Go to small claims, he has no right to keep the boys property.
2007-02-07 09:55:00 · answer #3 · answered by kitkat 7 · 0⤊ 0⤋