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 ?
Country relating to Question: United States
my lawyer has aked their lawyer ,no movement
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.
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makes sense ,do you know the cost of filing a claim in family court ?
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.
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