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Small Estate Proceeding

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sji852

Junior Member
NY - Hello, on january 6, 2010 my father passed away. Unfortunately he didn't have a will he really only had 1 big asset and that was his van he purchased. He had moved in with his GF who became his fiance (NO FURTHER) and were to be married in june. During the time we were trying to go through all the belongings with the fiance. However, due to the fact that we at first tried too hard to settle ALL of the belongings quickly but only got some of them. My family and I tried to settle the last of the belongings almost had it set however she decided that we were being jerks and basically said don't call me i'll call you then waited a little bit tried again to settle all of the belongings a friend got involved and reiterated the same thing don't call me i'll call you. Still hasn't. I don't have ALL THE FACTS as far as irritation other than what i know of what caused the fiance to not negotiate with us. But according to a lawyer I had spoken to I could have filed a small estate preceding however the disadvantage is that all debts would have to be paid for so during the time after my father passed we didn't do anything. But we have sent the death certificates to the creditors already. My thought was since we have done that and the fiance is being a jerk to now file the estate proceeding but i was told the debts scenario would come back into play. In addition, i have tried with a 3rd party to have us settle the last of the belongings. The reason I had her handle it is because she thought things would turn around with the fiance and they things havent. I have a generalized list of the belongings i would like to go through. Is there any type of lawsuit that i could file that first would allow this stipulation one that there will be a date set to go to her house civily and settle the belongings, secondly that anything she has given to family and friends is to be brought back to her home (her) to see if it is something we want. The fiance is claiming she really was put into a bind because of all the money that was spent however, he did have a life insurance policy that was given to her as the beneficiary aand since there aren't life insurance companies who would do less than maybe 8-10 thousand that should have covered all of the expenses for the funeral. She did try to claim that as well. He was living there rent free as far as we knew but he paid by helping with expenses around the house. Sorry this is out of order but my basic question is can a lawsuit against her be that airtight. (SHE AGREES TO MEET WITH US, SHE AGREES TO HAVE ANYTHING SHE GAVE AWAY TO FRIENDS AND FAMILY TO BE BROUGHT BACK TO HER HOUSE AND WE SEE IF WE WANT IT)
 



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