Stolen will

UPDATED: Oct 1, 2022

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Stolen will

My sister recently passed away. She has 2 sisters that have the will and several
items from the deceased home and they will not release it to her son or grand
daughter. What can we do in this situation?

Asked on October 22, 2018 under Estate Planning, Maryland


SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You can bring a legal action (lawsuit) in chancery court (a part or division of county court; you'd do this in the county where your deceased sister had lived) for a court order requiring the other sisters to present/provide the will and return any items they took. A probate attorney can help you do this; you'll want an attorney's help, because this type of action is procedurally more complex than, say, a small claims case--it's not easy for a non-lawyer.

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 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.

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