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Loren
Loren, Attorney
Category: Estate Law
Satisfied Customers: 32050
Experience:  30 years experience in the practice of estate law.
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My dad passed away last year and left a will which was not

Customer Question

My dad passed away last year and left a will which was not probated because the properties were held in joint tenancy. He willed me my grandfather's shotgun, a family heirloom. My stepmother refuses to give it to me. What recourse do I have?
Submitted: 11 months ago.
Category: Estate Law
Expert:  Loren replied 11 months ago.

Good day, I am Loren, a licensed attorney, and I look forward to assisting you today. My condoences for your loss.

Any interested party may open an estate in court and submit a will for probate. File the petition and have the will admitted and the court will force the heirloom shotguns to be distributed in accordance with the will.

If the estate qualifies, you may be able to use a small estate affidavit. Here is a link with more information on that option:

http://saclaw.org/wp-content/uploads/2015/01/form-affidavit-for-collection-of-personal-property.pdf

Customer: replied 11 months ago.
can I sue her outside probate? maybe in superior court ? alleging breach of fiduciary duty and for costs? Probate tales a long time and it is very involved.
Expert:  Loren replied 11 months ago.

No, but if you can use the small estate affidavit it will not take very long to get it enforced.

Expert:  Loren replied 11 months ago.

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Expert:  Loren replied 11 months ago.

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