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Infolawyer, Attorney
Category: Estate Law
Satisfied Customers: 57726
Experience:  Licensed attorney helping individuals and businesses.
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After my nephew died, his mother and a neighbor took a lot

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After my nephew died, his mother and a neighbor took a lot of things from the property, including a tractor that is actually owned by his father. The mother says she sold the tractor to the neighbor. I have just become the PR of the estate, and I would like to get the tractor back to my brother. Can you give me an opinion on how to get the tractor back from the neighbor?
Hello and thank you for the question. I am sorry to read of this dilemma. Once someone passes, no assets should be removed until the estate is closed and an accounting is filed reflecting estate assets. Assets wrongly taken need to be returned. Often a lawyer demand letter is sufficient to reclaim the property or the proceeds from its sale. Beyond that a motion may be filed with the court, supported by affidavit, seeking a court order to compel third parties to return these assets to the estate or be held in contempt and have money judgment entered against them. The affidavit would be specific about who took the property, when it was taken, what was taken, estimated value, and current location of same. Best to have such application filed by local counsel but otherwise the court clerk can help with it too to a more limited extent. Good luck. Kindly rate the answer positively.
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