My Father's Will

[redmiata92]

Maine

In my father's will he left me a very expensive guitar. It was at the house after his funeral. I left and came back to maine, and this week returned to gather some things. I asked my sister about the guitar because it was gone. She said that my father had given it to her son. Does she have to give it back to me? What if she tells me she sold it. As I said it was there the day after his funeral.

 

[anteater]

Does she have to give it back to me?

Not until a court orders her to do so. And if you were intending the guitar to be among the things that you were gathering, that would be wrong also.

When your father's will is probated, the executor can demand that the guitar be returned and your sister can have the opportunity to argue that it was gifted to her son before your father's death.

Is there anybody else who would be available to testify that the guitar was still in your father's possession when he passed away?

 

[redmiata92]

The will has been probated, and I was gathering the items that were listed in the will to me. My sister was the executor

 

[anteater]

The will has been probated, and I was gathering the items that were listed in the will to me. My sister was the executor

Then, you will have to petition the court to order your sister to return the guitar to the estate - or, if you are successful in your petition, turn it over directly to you.