What to do if my children’s grandmother died 2 years ago without a Will and her children cleaned out the house of all posessions?

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What to do if my children’s grandmother died 2 years ago without a Will and her children cleaned out the house of all posessions?

Nothing went through probate. We have now found out that the items promised to the grandchildren are being sold by one of her children at an online auction site. Is there any legal route we can take to get posession of the items? It was publically known thoroughout the family what items were to be given to whom.

Asked on November 2, 2012 under Estate Planning, Ohio

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

I suggest that you consult with a Wills and trust attorney about the situation that you are writing about where the grandmother passed away without a Will, where possessions were taken and what can be done.

Ordinarily, if a person passes without a Will or trust in place the estate is subject to an intestacy proceeding where an interested person files a petition with the court for such. As to items promised to certain people, unless there is a writing signed and dated as a Will, there seemingly is not much one can do about the people who were to get the items getting them.


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