How can I obtain the belongings that my grandfather left me in his will after he died when his family refuses to give it? 14 Answers as of September 26, 2013

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Minor, Bandonis and Haggerty, P.C.
Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
If the Will was submitted for probate, petition the probate court. If it was not submitted for probate, this will get very difficult. Get professional assistance.
Answer Applies to: Oregon
Replied: 9/26/2013
Donald T. Scher & Associates, P.C.
Donald T. Scher & Associates, P.C. | Donald Scher
You can file a claim against the estate in the Probate Division of the Superior Court. If no probate has been opened, you may have to open the probate case in order to get the property willed to you.
Answer Applies to: Arizona
Replied: 9/26/2013
Frederick & Frederick PLC | James P Frederick
You would need to go to the court and open an estate. The judge can compel the family members to honor the Will.
Answer Applies to: Michigan
Replied: 9/26/2013
Gates' Law, PLLC | Thomas E. Gates
While a motion with the court requesting that the items be given to you.
Answer Applies to: Washington
Replied: 9/26/2013
Law Office Of Victor Waid
Law Office Of Victor Waid | Victor Waid
You can sue them in probate or civil court seeking the items return to you.
Answer Applies to: California
Replied: 9/26/2013
    James Oberholtzer, Attorney at Law
    James Oberholtzer, Attorney at Law | James Oberholtzer
    Yes. Ask them for them; nicely. If they refuse, send a letter certified mail, return receipt requested asking for them nicely with a deadline. If they fail, file a probate petition to have the Will enforced.
    Answer Applies to: Oregon
    Replied: 9/25/2013
    Peters Law, PLLC
    Peters Law, PLLC | Mark T. Peters, Sr.
    If a probate matter has been opened, file a claim for the specific items. If it has not, open one and show the court how mean and nasty the relatives are.
    Answer Applies to: Idaho
    Replied: 9/25/2013
    Law Office of Edward M. Burgh, APC | Edward M. Burgh
    Hire a Probate Attorney in the County where he lived and ask him/her.
    Answer Applies to: California
    Replied: 9/25/2013
    Law Office of Patricia A. Simmons
    Law Office of Patricia A. Simmons | Patrica A Simmons
    If a probate has been initiated, you may write to the personal representative and his/her attorney to request the specific items. If you do not receive a response, you may need to file a petition with the court to compel the release of these items. However, these items may be distributed to you upon the issuance of an order of final distribution. You may also review the court file to see whether the estate in is a condition to be closed.
    Answer Applies to: California
    Replied: 9/26/2013
    James Law Group
    James Law Group | Christine James
    Your situation is tough and not uncommon. I would have an attorney write a letter to the executor. If that doesn't work you need to decide if it is worth going into court and enforcing the gift.
    Answer Applies to: California
    Replied: 9/25/2013
    Goldsmith & Guymon
    Goldsmith & Guymon | Dara Goldsmith
    You would need to file in the probate to seek distribution.
    Answer Applies to: Nevada
    Replied: 9/25/2013
    Sebby Law Office
    Sebby Law Office | Jayne Sebby
    If the will states that you are to receive certain items, the executor has an obligation to hand them over to you. However, if the will doesn't list specific items are to be delivered to you or if the entire estate must be sold to obtain funds to pay off creditors, you may not inherit anything.
    Answer Applies to: Nebraska
    Replied: 9/25/2013
    Law Office of Pamela Braynon | Pamela Y. Braynon
    If you have a copy of the will you can go to court to open an estate, and begin the probate process. The will is not really valid unless it is in court. If you have a copy of the will (instead of the original) you will have to go through a process with the court to prove it is actually your grandfather?s last wishes. Once that is done the appointed personal representative have a duty to dispense the assets according to the will, otherwise they will be in contempt of court. Retain a lawyer to be able to get what is rightfully yours.
    Answer Applies to: Florida
    Replied: 9/25/2013
    Richard J. Keyes Attorney at Law | Richard J. Keyes
    If there has been a probate estate opened up, in Missouri you need to make demand on the personal representative for the belongings. If you make the demand and do not receive the belongings, then you will need to see an attorney. If the will has not been admitted to probate, then see an attorney about opening up a probate estate.
    Answer Applies to: Missouri
    Replied: 9/25/2013
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