Legal Question in Wills and Trusts in Florida
recovering assets in a probate case
My mother's mother died, naming her as the executor of her will. Unfortunately, while her mother was on her death bed, my mother's brother (the only other heir to the will) went to her house to ''take care of business'', which ended up meaning he helped himself to some of her valuables.
I understand that my mother, as the executor of a ''share and share alike'' will, should gather the assets, assess their value, and split them evenly between herself and her brother. However, her brother is being uncooperative, so she's having trouble determining exactly what her brother took, much less recoverig them. She's exhausted the means at her disposal to deal with this.
From a legal standpoint, how does she compel her brother to return the items so she can get on with the process?
Thanks!
2 Answers from Attorneys
Re: recovering assets in a probate case
Your uncle took items that did not rightfully belong to him. You should call the police to report a theft. The next step is to determine what will be done with the assets of your grandmother's estate according to her Will.
Re: recovering assets in a probate case
She can use the court process to compell those actions.
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