How do you get your father’s property back if it was taken by other relatives but you are the sole survivng heir?

Get Legal Help Today

 Secured with SHA-256 Encryption

How do you get your father’s property back if it was taken by other relatives but you are the sole survivng heir?

I am legal guardian of my granddaughter who will be 18 in about a month. Her Dad left no Will but always told everyone that she would get all his possessions when he died. He only had some sentimental stuff from his parents and a few things he collected. Value less than $300. Her aunts went into trailer and took everything and gave my granddaughter what they wanted to give her. He did have some paperwork that she would like to get also.  Can they be arrested?

Asked on June 10, 2011 under Estate Planning, Indiana

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since your granddaughter is her father's sole surviving heir, she would be the beneficiary who would inherit the items you mentioned from his estate.

When your granddaughter turns 18 in about a month, she could sue her aunts for return of the property they have wrongfully taken.  Your granddaughter's remedy in her lawsuit would be a constructive trust.  A constructive trust requires the person, who is wrongfully in possession of the property to return it to its rightful owner. 

The aunts won't be arrested.  This is a civil case and not a criminal case.

 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption