Legal Question in Wills and Trusts in Missouri
fighting over deceased assets for 8 years
My husbands first wife died almost 8 years ago. My husband inherted all, but certain objects were to go to their children who were 12 at the time per an oral request of his first wife. These were her family items. Since that time, some of the first wifes family entered the home & took those items (& more) when my husband was not home, & say they will do so again. The 1st time a minor child let them in. This was 2 years ago. They now want everything the 1st wife ever bought, had when they got married or bought after they married. Now the grandma on that side is wanting repayment for all gifts she bought for the grandchildren after their mom died-claiming she has a right to those items also. She has the receipts for items she bought 5-7 years ago. Can she legally demand these items back or payment of them? There was no agreement that she be paid back, some of these were gifts (clothes, toys, food) for holidays. We think she is just angry because he just remarried (to me) & it stirred up feelings. But, this has to end somewhere. Is it too late to charge them with entering & taking items? Was it considered a crime since a minor let them in and helped them, not knowing any better?
1 Answer from Attorneys
Re: fighting over deceased assets for 8 years
It appears that crimes were comitted, but that the time in which the state might prosecute has expired. You may file a Police rprot, but do not expect much to come from it.
Under Missouri law, the period in which to open a probate estate has passed. It appears to be too late for the first wife's other relatives to claim any property through her. Her children may still be able to bring an action to determine heirship.
I would feel great pity for the attorney who brough a suit for agrandmother to reclaim birthday gifts to a grandchild. This is greatly more so, if the grandchild was a minor when they were given. It is very doubtful that any Court in the state would grant such relief.
Your husband needs to put his first wife's relatives on notice that they may not enter the home without approval from you or him. No minor child would have authority to overrule that.
You may need to be prepared to call the police if the other relatives try to enter the home or remove property. But, is this in the social best interest of your husband's children?
Keep in mind that you stand on nearly equal footing with the children of the deceased woman, should their father pass away.
Good Luck
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
