How to get the return of inherited property?
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How to get the return of inherited property?
My grandmother passed away and left her wedding rings to her 3 daughters. The 1 that had them now has alheimers and has been placed in a home. My cousin, her daughter, took the rings and put them in a safe deposit box belonging to her instead of giving them to 1 of the other 2 sisters. My mother and my aunt (the other 2 sisters) have asked for the repeatedly and my cousin will not turn them over. She has no legal right to keep them in her possession, especially when the Will clearly states who is to get them. In acting on behalf of my mother and my aunt, what can I legally do to get them from my cousin? I do not think it is a small claims deal. Can she be charged with being in possession of property that does not belong to her or do I have to hire an attorney and go to civil court so the judge can look at the Will and force her to turn them over? thank you very much for your time
Asked on May 15, 2012 under Estate Planning, North Dakota
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 11 years ago | Contributor
The matter that you have written about is more of a civil than a criminal matter. In order to get the rings back from your cousin, you should consult with an attorney to write a demand letter to the cousin requesting the items' return within a certain time period.
If she fails to do so, then you will need to file a lawsuit against her for conversion and wrongful possession of the rings seeking an order from the court for their return.
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