Is there anyway legal way of getting something that was left to you in a will but given to someone else

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Is there anyway legal way of getting something that was left to you in a will but given to someone else

An ornament was left to my son by his great-grandmother in her Will, my son’s grandad was the person in charge of the Will, instead of giving my son the ornament he gave it to my son;s dad who wanted it. Is there anything that I can do to get it back for my son?

Asked on October 11, 2019 under Estate Planning, Alaska

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 2 years ago | Contributor

You can sue the executor for the value of the ornament, since he violated the will (which he was bound to follow). You may be able to sue the son's father for the return of the ornament, on the grounds that the executor had no legal authority to give it to him, though this is a more complicated lawsuit procedurally then just suing the executor for money. Unfortunately, a lawsuit is your only option: there is no other way to enforce the terms of the will. You therefore have to decide if it is worth it.


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