If my mother has things of mine in her home but won’t let me go get them, what do I need to do legally?

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If my mother has things of mine in her home but won’t let me go get them, what do I need to do legally?

My father passed away a few years ago and I needed help storing some of his things, so at the time my mother offered to let me put some of them in her house. We don’t speak anymore and she’s living in another state with her boyfriend but still has her house. What do I need to do legally to obtain my fathers things? He didn’t have a Will but I do have a letter from the attorney thy settled his estate, stating that I am the sole heir to all of his possessions.

Asked on April 26, 2012 under Estate Planning, Vermont

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The best way to get possession of the items that your late father left you which are in a home owned by your mother is simply to call her up and ask for permission to get the items that you own.

If she refuses access, then unfortunately you will need to consult with an attorney (most likely a Wills and trust attorney) to see how the best way will be for you to get your belongings which could be a lawsuit against your mother. Filing a lawsuit against her most likely will make a bad situation with you and her even worse.


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