Legal Question in Wills and Trusts in New York

wills

My father died and left entire estate to his grandson. Several belongings that are mine and my sisters were stored in my Dad's home and the grandson will not give us entry to get our belongings. He has now sold the house and we have no idea where are belongings are or if they have been sold. We have had three attorneys and not one of them will help us. These belongings include high school memorbelia, pictures of our family (mom and dad) and furniture and clothing. Do we have any recourse at all. My dad has now been dead a little over a year.


Asked on 6/23/04, 9:53 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

Re: wills

I am presuming that the grandson is not your child. If the Will is silent on who is to receive the personal property, you might have to sue the grandchild to recover your personal possessions. I suggest you contact the attorney for the estate and the attorney who prepared the Will, if not the same. If you can establish ownership, you have the right to return of your property. If the closing of the house has not yet taken place, I suggest immediate suit against the estate and the grandson for an Order to recover your property. If the house has been sold and the property removed or thrown out, you can sue for its value. You may also have a complaint against the attorney who prepared the Will for omitting any reference to personal property not belonging to the decedent and authorizing its return. This may include a malpractice claim, but that should be discussed with the local bar association people.

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Answered on 6/23/04, 10:48 am


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