Legal Question in Wills and Trusts in Tennessee

My friends 29 year old son died suddenly in a hiking accident. He and his girlfriend shared an apartment in SC since August, 2010. She is not letting my friend have his personal belongings, many of which my friend had purchased. She needs to get her sons things before she sells them or gives them away. The girlfriend refuses to answer her calls or texts. And, the sad thing is that she was not even sad at the funeral, but she did laugh a lot. Very disturbing since it was just her, my friends son and a dog hiking and nobody else in sight. She needs to get his things ASAP.


Asked on 5/13/11, 4:06 pm

1 Answer from Attorneys
Dan Scott Scott Law Group, PC

The law doesn't deal with this situation. Mom would have to open an estate for the son. She then has the same power as the son to retrieve his personal belongings. If she can't get it with a demand, then she can file a claim in small claims court. Again, the law is not well suited here.

What mom might do is get an attorney who practices in the city where the girlfriend lives to write a demand letter to her. Sometimes that will be enough to spur action.

Read more
Answered on 5/14/11, 7:37 am


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Tennessee