Legal Question in Wills and Trusts in Ohio
''borrowed items'' now in probate
please help!! my father in law was given an antique item from his mother at least 30 years ago. He passed away 8 months ago and now his sister is saying that she let my father in law ''borrow'' this item, which is a total lie. She says that she now wants it returned. My mother in law-whom is divorced from my father in law, admits that this item was a gift to them from the mother. Since my father in law died, does it now belong to my mother in law and is the sister allowed to take the item? The estate is currently in probate and the sisters son is executor and his friend is the lawyer overseeing the estate. So they are trying to do everything they can to get these items. please help!
1 Answer from Attorneys
Re: ''borrowed items'' now in probate
Has there been a hearing on the "Inventory" yet? If not you need to appear at the hearing and make sure the item appears on in the inventory. Is there a will, and if so, is the item left to a particular person? If it is not in the inventory, you need to file an objection.
Since your father in law had he item for 30 years, I think any reasonable court would conclude that he owned it, especially if this is supported by the ex-wife who has no interest in the estate.
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