Family Heirlooms taken from other Family members

[cjcride]

Originally Posted By: NormanBuntz
This is one reason why having a personal will is important. Many of us have vultures in our families who are quick to pick the bones when a loved one dies. Sad but true.

Clarkflower is correct. Those items rightfully belong to your grandfather's estate, to be divided along with his other personal property. Shame on your cousin.

Sociopaths know no shame

 

[Win]

What does the will say? If no will, who are the heirs under the intestate distribution in the state of the decedent's death, or the site of the disputed property at time of death, if they are not the same?

In my state, personal property not effectively disposed of by a will passes to the decedent's personal representative for distribution to the heirs.

In my state, only the personal representative or a legal heir has standing to claim that a theft has occurred. In my state, I would not expect the police to get involved in this.

In my state, people sometimes try to justify walking off with a dead person's property by claiming it was a gift. A dead person can only speak through their will, if they have one, so to prevent fraud on the heirs, in my state, the party claiming an inter vivos gift must prove five (5) things: (1) the donor was of sound mind; (2) an actual delivery of the property took place; (3) the donor clearly intended to make an immediate, present, and final gift; (4) the donor unconditionally released all future dominion and control over the property; and (5) the donee accepted the gift. The standard of proof is clear and convincing evidence. This is the highest and most exacting civil standard of proof.

 

[BalticBob]

responded again........
and now for the rest of the story.......
Your cousins dad is the executor of your Grandfather's estate.
The value of the estate is divided and distributed according to the will, any non listed items in the will can be distributed or sold as the executor wants in order to fulfill his duties as the executor.
Apparently your Grandfather's son, your cousin's dad, was trusted to do exactly this.
Your cousin did not steal the items, they were distributed to him by the estate executor.
Are you named in the will? If so, what did the executor distribute to you?

 

[pandus13]

OP,
could you contact your uncle (to bypass the cousin silence) with the request you would like to exchange/purchase the granmas stamp collection and granpas old uniform?
reason: for sentimental reasons....

re: gun, stay a bit in the sub-thread for guns... the guys will help you acquire a nice good one....

Re: Granpa. Keep him alive in your memory.

 

[Win]

One other thing ....

The gun. Whoever possesses it cannot be a prohibited person under state or federal law. If the executor were a prohibited person, I would question whether or not they could legally possess it to effect a transfer, even to a non prohibited person.

 

[philipp10]

For all you know your grandfather may have promised your cousin these same possessions. You need to side down with him and ask. If you keep it civil, you may be surprised and your cousin may do the right thing.

 

[ZZman]

Happened to my wife. Nastiness and greed rears it's ugly head.

 

[clarkflower]

Originally Posted By: BalticBob
responded again........
and now for the rest of the story.......
Your cousins dad is the executor of your Grandfather's estate.
The value of the estate is divided and distributed according to the will, any non listed items in the will can be distributed or sold as the executor wants in order to fulfill his duties as the executor.
Apparently your Grandfather's son, your cousin's dad, was trusted to do exactly this.
Your cousin did not steal the items, they were distributed to him by the estate executor.
Are you named in the will? If so, what did the executor distribute to you?


Good to see you back.. I thought you died

I agree with you here.

 

[BAJA_05]

We dont want police or court involved with anything. My Dad said, "its a shame overall, just chalk it up as a loss & walk away." There was no mention of anything with valuables in the will specifically. Just that the house be sold & divided equally with my Dad, my Aunt & my Uncle. The only thing my Aunt & Dad can gather over Gail/Tims Father being executor was -- hes the oldest sibling. My Family does not like to quarrel or fight or call the police, etc... My cousin Terry would not testify against Tim if need be, he specifically told me & my Father. He does not like or agree with Tims decision -- but not gonna go against his parents -- who refuse to do or say Tim did anything wrong in the first place. What it boils down to -- my Father & my Aunt want nothing to do with my Uncle or cousin Tim from here on out. Just sad how your own Family can be vultures & so soon after a loved ones passing.

 

[Mr Nice]

It's unfortunate, but really nothing you can do.

 

[BAJA_05]

Appreciate all the feedback. Just needed to vent some.



Thanks, Dale

 

[Andrew1972]

If the promise made it to the grave not much you can do unless in a document.

Sorry about your loss. Also loss of respect of living family too.

 

[sleddriver]

First, sorry for the loss of your beloved Grandfather. With that said, very unfortunate incident regarding his possessions and their rightful distribution. These things can get messy and expensive. Your post indicates there is already a problem amongst cousins "not getting along". Why would Tim take these thing promised to you? How did he know this? Who else knew?

Did he take them for himself or did he take them solely so that YOU would not have them? There is a difference.

Money, greed, and envy can bring out the worst in people. Unfortunately, I've seen plenty of this in my own family & relatives.

Some people just turn to [censored] over money & possessions.

 

[BAJA_05]

Tim has always been sneaky. He took them for himself. While my Sister was up in the attic helping my Aunt to clean up, she came down the stairs one day & seen him looking through books in my Grandparents book case. Just opening them up & looking in the front & back quickly she said. When he seen her, he quickly bolted out the back door. I dont even consider him Family anymore -- nothing but a greedy low life if that.

 

[Sunnyinhollister]

Happened to my wife.......
by her mother!!!

 

[Yah-Tah-Hey]

There are tin horn, four flushers in every family. You can be sure the first family members to get to mom and pop's house are going to rifle it like a swarm of locust.