However, one of his "friends" and his ex-wife have both taken personal property since his passing. (One of them took a bedroom suite, the other a large television set). How do I need to proceed to recover these items. He had no insurance, and I need them to sell to help with funeral expenses.
2007-07-17 03:42:30 · 13 answers · asked by JustBCause 2 in Family & Relationships ➔ Marriage & Divorce
Just to kind of clear things up, I have already filed as a small estate. I am the executor of it (really the only logical choice as an only child to an unmarried man). I guess my main question is this, since I am the executor can I legally go and pick the stuff up, or actually have the police go with me to get it, since both have already refused to return the stuff they made off with, and my ex-stepmom had a "yard sale" with the things that she took. I live in the state of TN if that helps.
2007-07-17 04:25:12 · update #1
If he died intestate then you have a long battle ahead of you with the estate stuff. Depending on his state of residence when he died you have to go through probate court--no option on this at all--and be declared executor/executrix of the estate. Then legally all his debts can be settled, house can be sold, and other property can be disposed of without you potentially be stuck with any of them. The same thing happened with my dad several years ago. It sucks that he has no insurance because we just borrowed against the policy to pay for that. However, talk to the social security office. They won't pay for much but that might help. And depending on your age could help support you. Right now file a police report and they will likely force the return of the items until the estate has been settled.
2007-07-17 03:51:15 · answer #1 · answered by indydst8 6 · 0⤊ 0⤋
Tell them that they can buy it from you. If they don't want to do that then you tell them just what you just said here. Funeral expenses can be very high so they should understand. If not take them to court. In small claims you don't even need an attorney. Sorry about your Dad, and good luck with everything.
2007-07-17 03:48:21 · answer #2 · answered by jaclynridge 2 · 0⤊ 0⤋
First of all tell them you want it back, Then if they don't then take them to small claims court... but you need to send them a letter asking for them, have it notorized by a Notory of the Public. Basically this is gathering evidence- Also you could ask for some assistance! I mean lots of people take up a collection to pay for funeral costs.
2007-07-17 03:51:14 · answer #3 · answered by york_m 2 · 0⤊ 0⤋
See if you can affix a value to the estate. Then see what a probate attorney would cost. Then you'll know whether or not to pursue a claim. Wills in testate can take a year or more to settle, so it may be costly. Good luck.
-MM
2007-07-17 03:49:29 · answer #4 · answered by Anonymous · 0⤊ 0⤋
Start by filing a police report for the theft of these items.
2007-07-17 03:47:09 · answer #5 · answered by Gypsy Girl 7 · 1⤊ 0⤋
Yahoo is the wrong place to ask such a question. It's too important and too convoluted, so get yourself a solicitor as soon as possible. He/she will advise correctly and will be able to take the right actions.
2016-04-01 08:33:03 · answer #6 · answered by ? 4 · 0⤊ 0⤋
Short answer: get a lawyer. The above is good advice for starters. But it won't really solve things. It just delays it for a while.
2007-07-17 03:45:53 · answer #7 · answered by ? 7 · 1⤊ 0⤋
Get the police, a lock smith and an attorney. They shouldn't do that.
2007-07-17 03:51:29 · answer #8 · answered by bluebird 4 · 1⤊ 0⤋
you ill need a lawyer dude which sucks because its gonna cost more for that too man
keep your head up man things always get better
2007-07-17 03:48:26 · answer #9 · answered by Matt 2 · 0⤊ 0⤋
call the cops and report the items as stolen. they have no right to them and they are stealing. and get the locks changed on his house.
2007-07-17 03:45:21 · answer #10 · answered by redpeach_mi 7 · 3⤊ 0⤋