Spousal Abuse with Terminal Cancer Patient

[LLLinVA]

What is the name of your state (only U.S. law)? Virginia

My mom knew she did not have too much time to live. She tried many times to hand over her family heirloom jewelry over to me (her only child) and my father would not let it happen. I trusted my father that he would just hold on to them for me for a little while. Now that my mom has passed, he told me that he won't give them to me unless I give him $24,000 for it. I have many close friends and family who are willing to testify that my mom meant for the jewelry to go to me. This was not in any will because my mom did not speak or write english. My dad controlled everything. Do I have a case?

 

[rowz]

Sorry for your loss.

no, no case. These items though of great sentimental value to you legaly pass to your Father when his wife died.

He may need the proceeds from these items to pay the bills of his late wifes estate.

If not, he just may need the $.

In any event....the personal property is legally his.

Good luck.

 

[tranquility]

I too am sorry for your loss. However, the property will pass by law. Either will, trust or intestate succession, the law will determine how the property will pass.

Please don't even be thinking about "abuse" here on the facts you've mentioned. In the first place there is no legal suggestion of abuse here. Even the testimony of every single person in the life of the deceased saying the same thing, it will not change the legal issue. Second, when one starts throwing around terms which are so emotionally loaded, things tend to spin out of control and relationships get destroyed. Relationships not only at the direct to the actor level, but also to those far removed who feel they need to make a choice.

If it's the money, I think you have to forget it. If it's the memory, I'm sure you can come to some sort of agreement with your father if you work together to achieve some sort of deal.