Legal Question in Wills and Trusts in Florida
Contents of an estate
My grandfather died about 12 years ago and he named my dad his trustee and Executor of the Will. My dad has been acting as trustee and taking care of his step-mother's financial affairs since my grandfather's death. Last week his step-mother died at 94 in an assisted living facility. The day before she died, her other step-son from a previous marriage took her wedding ring (off her finger). He told my dad that she had promised him all her jewelry a few years ago. Of course, nothing in writing. The wedding ring is not mentioned in the will, but shouldn't it be considered part of the estate? Does this other step-son have the right to just take it? (He is not listed as a beneficiary in the Will). Just a side-note, this other step-son also talked my step-grandmother into selling him the house that belonged to her and my grandfather for $10. (A contract was written and he gets the house upon her death).
1 Answer from Attorneys
Re: Contents of an estate
NOTE: This communication is not intended as and should not be interpreted as legal advice. Rather, it is intended solely as a general discussion of legal principles. You should not rely on or take action based on this communication without first presenting ALL relevant details to a competent attorney in your jurisdiction and then receiving the attorney's individualized advice for you. By reading the "Response" to your question or comment, you agree that the opinion expressed is not intended to, nor does it, create any attorney-client relationship, nor does it constitute legal advice to any person reviewing such information, nor will it be considered an attorney-client privileged communication. If you do not agree, then stop right here, and do not read any further.
No, he does not have any right to take her ring. It may be considered to be theft. Any family member could probably file a report with the police and it would be their decision whether or not to press charges. They may just say it is a civil matter between the family members.
It would be up to the personal representative of her estate to take civil action against him if desired. Your dad might wish to consult his attorney to review the family's options.
Scott R. Jay, Esq.
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