• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

is there a legal case for this? Please share any input you have.

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

G

GemniAngel

Guest
My grandmother passed away amidst a very bitter divorce. No will has been found and her would-have-been ex-husband has decided that since her property is now his, he is going to sue her daughters, grandchildren, etc for anything that we have that belonged to her. This would include things he believes she stored at our homes for safekeeping, as well as personal gift items (nothing big, just sentimental) that she gave to us over the years. I can't believe that the law could be on his side in a case like this. At the same point, I don't see how we can prove the sentimental items were gifts from years ago. A local lawyer says to turn everything over. I am terrified that not only is he suing us and taking away our sentimental items, but could be allowed to enter our homes and pick and chose whatever he wants to take as his.
 


ALawyer

Senior Member
First, he can't enter your home, at least without a court order. Period.

Second, he can and is suing. I'd have to be familiar with the laws in your state to determine if the pendency of a divorce action -- and the stage -- impacts his rights to inherit. I'd also have to be familiar with the state's laws -- and size of the estate -- to know how the assets should be divided at death -- not everything aoutomatically goes too the spouse. It may be that the other heirs get 50%, or more.

Third, if items were gifts, they are yours. He is NOT entitled to them back. The issue is proof.

Whether or not the family has the stomach or desire to fight this evil bully is something only you can answer. My sense is the SOB will fold if a real lawyer files a real defense and counterclaim, or seeks to become administrator of the estate.

------------------
This is intended as general information only and NOT LEGAL ADVICE. You are not my client, and I have no obligation of any kind to you. To retain a lawyer, go to http://AttorneyPages.com
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top