Recent Feedback
I am the trustee of my deseased aunts estate where in her trust document she clearly stated that she wanted a diamond bracelet to be given to my sister in law that is clearly in writing . My sister took the braclet by mistake during a round robin episode and now will not return it .The trust also has a clause stating that if any beneficiary challenges the trust they could jepordize their inheritance.what are my options to retrieve braclet ?small claims court ?
Optional Information: Country relating to Question: United States Already Tried: my lawyer has aked their lawyer ,no movement thus far
Welcome! My goal is to do my very best to understand your situation and to provide a full and complete answer for you.
Good morning. This is not a challenge to the trust so the challenge clause would not be relevant. This is the case of someone taking estate assets to which they were not entitled. As trustee of the trust, you should file a claim against your sister if she will not voluntarily return the bracelet. You should make this claim in the probate court in which the will is being probated, if applicable. If this was a living trust to avoid probate, file the case in family court.
I hope this has givenyou information that has been helpful to you. If the information seems moregeneral than specific, please be aware that we are only allowed to provideinformation and not specific advice. If you have a follow-upquestion, please remember that there might be a delay between your follow upquestions and my answers because I may be helping others or taking a break.
If you do have any additional questions aboutmy answer please click the "ContinueConversation Link" so I can provide you with a fullysatisfactory answer. Pleasebe aware that any rating of 1 or 2 is reflected as a negative rating and I receiveno credit for my answers.
Thanks for allowing meto be of service to you. Please be aware that the information provided here isnot legal advice. Rather it is simply general information. All states have intricacies in their lawsand any information given is simply information only and specifically is notintended to be, nor does it constitute, legal advice. This communication doesnot establish an attorney-client relationship with you. I hope this answer has been helpful to you.
makes sense ,do you know the cost of filing a claim in family court ?
thanks
so much !
You're welcome. Each court in each county is different, but the filing fee is generally relatively small. You can call the court in your county or go online to find the filing fee schedule. One other point, you can also pursue your sister criminally for theft since she took something that did not belong to her.
Experience: Attorney/Developer