How to get the return of inherited property?

Get Legal Help Today

 Secured with SHA-256 Encryption

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 8 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.


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