How can I go about getting something that was willed to me?

UPDATED: Sep 1, 2011

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Sep 1, 2011Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

How can I go about getting something that was willed to me?

My mom passed away 20 months ago, she left to me a original shaker chair, my sister whom is the executor refused to give it to me, my mothers attorney claims maybe the chair does not exist any longer and is of no help.

Asked on September 1, 2011 under Estate Planning, Massachusetts


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

I am so sorry for your loss and for the ensuing problems.   What the attorney means is that if the chair no longer exists then unfortunately you are out of luck.  But it sounds to me like you know it exists - as does the executrix - and that she is not properly fulfilling her duties to the decedent (your Mother) by distributing the asset to the beneficiary.  And the attorney for the estate (who also represents the executrix) should really mind his own business unless he knows for sure.  Now, if you know that the chair exists you need to force her hand. You need to file something in the probate court regarding the matter.  Generally when an accounting of the estate is done the issue will be addressed.  But your best bet is to speak with an attorney in your area on procedures in this matter.  Good luck.  

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 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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption