What can I do if my deceased dad’s Will doesn’t divide his personal belongings but since my brother was the only person in state to retrieve the items he is deciding who gets what?

He has my father’s gun collection.

Asked on November 5, 2015 under Estate Planning, Texas


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 5 years ago | Contributor

You can request that the estate be submitted to probate-- and in that event, a judge would decide who gets what in the event that a dispute arises.  Another option is to hire a probate attorney and ask them to set up a mediation with all affected parties-- so that maybe the family can resolve their agreements without futher court action.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.