my mothers jewelery

[dcaiola]

What is the name of your state? new yok
my mother passed away last month. my aunt is holding some of her things, among those things are a string of pearls my father gave to my mother and her wedding band. i am suing for the
the maximum 3000.00 hoping to get the pearls and the ring.
my mother did not have a will but she did have a journal and
in the journal she said that she would like for her daughters
to have her jewelery. what do you suggest?
dcaiola

 

[lwpat]

The case will be thrown out unless you are the executor of the estate. The items now belong to the estate and the assets of the
estate will have to be distributed in accordance with state law.

If probate has not been started then visit your probate court and file the necessary papers to be named the executor. Then you can demand the return of the items.

 

[dcaiola]

she didnt own anything else. the pearls and ring are sentimental at best. is probate still required?what documentation will i need to bring with me?

 

[lwpat]

Take your mother's death certificate and your birth certificate to the probate court. They can advise the proper procedure in your state and give you a copy of the law. Once your are named executor you can demand return of the items or sue in small claims.

 

[dcaiola]

my mothers jewery

i did that today and besides a few slow and uninterested federal employees it went pretty smoothly. i filed for what they refered to as an article 13 and named myself as the administrator of my mothers estate. they said they will mail me a certificate to hand to my aunt that i hope will compel her to give up the jewelry.
thank you for your guidance.
dcaiola