What information I can use to take my grandmother to small claim court to get my deseased mother assets?

Question

My mother passed away and only had two children, my brother, 15 and I, 29. My grandmother took all my mother belongings. She told the funeral people that my mother did not have kids. I need to know what kind of information do I need to take or what steps or who do I need to talk to?

Answer 1

Small claims court won't do it.

When your mother died, all her property passed to her estate. If she had a will then it will pass from her estate to the people named in the will.

In almost every place - and you don't tell us what country you are in (or State/Province if it's a Federal country) - there is some sort of legal procedure that needs to be gone through to register or probate the will before the people named in it become the legal owners of the property.

If there is NO will, then it becomes more complicated. In most places, a probate court will divide up the assets of the estate according to what are called the "intestacy rules" of your country. Generally they will do that by appointing an executor - usually a lawyer registered with the Probate court - and he will divide everything up.

Until this process is done, you are not the owner of your late mothers property, so you have no standing to sue for its return in small claims court.

Richard

Answer 2

If your mother was single at her death and she died without a will she died intestate as the courts would call it. Go to the probate court in your county and claim your right as heir and set a small claim for property. You will need to get a death certificate which you can get if you are the child. In most states if the decease was single the estate and property passes on to the children. No will means go to probate in your area and they will help you at no cost. Your brother is entitled to your mother's social security as well.

Answer 3

This is not a small claims issue, it is a probate issue, and you need to speak to a probate attorney.

Answer 4

If the funeral people handled it, there must not be a will. You can't prove that your mom didn't want grandma to have it.