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Not written in will but verbally witnessed

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What is the name of your state? NY


My father passed away last October. He left a will (from 1979) with my mother as the executor.

My father wore a necklace that was a family heirloom dating back to Greece in the 1800's. I have an older brother and teh "tradition" was for it to be passed from father to son.

About 5 years ago my father, brother, and myself were present and I asked my father if I could have the necklace when he died. He replied with, of course. Both my brother and I witnessed this and another duplicate conversation 2 years later.

Several days after his death we were going over who would take what. My brother acknowledged my dad's wishes, for teh necklace to go to me. However, I was pressured from my patriarchal grandmother that taking the necklace would be "disrespecting" my father and my grandfather. I told my brother that he could have it. He reluctantly took it and stated that, "Dad wanted you to have it".

My brother came to visit again in May and tried to give me back the necklace, again I thought I was disrespecting my dad and grandfather by taking it so I said, no. My brother went on to say that, "I was cheating myself".

I finally stared to realize this was the case and have been actively pursuing the necklace back. My brother neither refuses to speak to me nor will reply to emails. I also have NEVER seen the will and know that there were several trust funds established and a lot of assets left. However, I am positive there is NO mention of the necklace in this will.

I know filing in small claims court is probably not an option...

Is taking the will to probate the only way to settle this? That will cause major family chaos but I will do what I have to.

I look forward to your reply...

Dandy Don

Senior Member
The fact that you refused it when you were offered it means that you would not win any court case about such a frivolous matter.


Senior Member
The term "Indian Giver" comes to mind. I assume all this is about something having nothing to do with your father, but some pressure that you are under or some new grievance you have. Grow up.

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