a ring and a affidavit

[spitfire007]

What is the name of your state? ky

My Mother passed away not leaving a will, all has gone through probate and mostly everything is settled through the attorney's office only thing left to do is sign the papers for us children to take possession of the properties that we each want. but we didnt list her diamond ring because we all knew she wanted her grand daughter to have it. that is just a given, everyone knew she wanted her to have it. Well my son was the Admin over the estate dealings and he told me the other day he is keeping the ring.


First off can he, second if I get 10 people to sign and date a affidavit stating the facts of Mother's wishes upon her death for the grand daughter to have this ring, would this stand up in court. Everyone is shocked that the Admin has acted in this manner and most said they would sign it.

Thanks

 

[BelizeBreeze]

What is the name of your state? ky

My Mother passed away not leaving a will, all has gone through probate and mostly everything is settled through the attorney's office only thing left to do is sign the papers for us children to take possession of the properties that we each want. but we didnt list her diamond ring because we all knew she wanted her grand daughter to have it. that is just a given, everyone knew she wanted her to have it. Well my son was the Admin over the estate dealings and he told me the other day he is keeping the ring.


First off can he,

no. not based on the slim facts you presented.

second if I get 10 people to sign and date a affidavit stating the facts of Mother's wishes upon her death for the grand daughter to have this ring, would this stand up in court.

no

Everyone is shocked that the Admin has acted in this manner and most said they would sign it.

Thanks

if everyone but the executor says the granddaughter should have it, then what needs to be done is to sell the asset and one of you purchase it (or the group of you) from the estate.

 

[spitfire007]

ok, but

You people here are so patient with us, trying to help us figure out our sick lives. Anyway how do i go about doing this. The son had the ring in his own possession. If you be very clear on exactly what i have to do i promise lol, i wont aggravate you, just need to know ow to get it back, the buying thing you mentioned, i dont understand that either, i am kinda getting the impression he wouldnt even show to anyone he has it, but we all know he does and along with all her other jewelry which he has no problem giving that to me he said. a mess....thanks so much

 

[BelizeBreeze]

You people here are so patient with us, trying to help us figure out our sick lives. Anyway how do i go about doing this. The son had the ring in his own possession. If you be very clear on exactly what i have to do i promise lol, i wont aggravate you, just need to know ow to get it back, the buying thing you mentioned, i dont understand that either, i am kinda getting the impression he wouldnt even show to anyone he has it, but we all know he does and along with all her other jewelry which he has no problem giving that to me he said. a mess....thanks so much

He has to do an accounting to the Probate court. each heir will also have to sign a 'release' to the court saying that probate has been completed. Simply do not sign until he has accounted for each and every piece of jewelry.

 

[spitfire007]

ok

ok i got that and it makes sense.. but when i don't sign what will theudge ask.. why . and then i tell him the situation that mom wanted her grand daughter to have it and everyone knew it that is why we didnt list it in probate personal propety.. pls advise i dont want to make a fool out of myself.. thanks your a big help..

note .. even my brothers would stand up and tell the judge the truth about the ring where mom wanted it to go.. darn the son was the admin he got a ton of money, you never know anyone really, i would have never thougth he would do something like this, but i do have a feeling his wife has something to do with it.. legal or not i ever see her wear that ring IF we dont get it back, all crap will break loose. sorry i can be redneck too. lol i have taken so much crap since all this and i am tired of the lies the stealing i told my son just do what mom wanted that is why she left you in charge because she knew you would do the right things..so dont let her down. thanks

 

[spitfire007]

He has to do an accounting to the Probate court. each heir will also have to sign a 'release' to the court saying that probate has been completed. Simply do not sign until he has accounted for each and every piece of jewelry.

I suppose they do things different than what you thought. I talked with the Attorney about when this would happen to sign off and she stated to me it will over at the judges office day and in thirty days it will be signed by the judge. I ask her we would get a notice to come and sign off on it too, she said NO......it will all be over and only the judge has to sign off on it. Anymore adice pls.

 

[spitfire007]

shaking my head

Any advice will be appreciated.