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How do I get back family heirlooms that were to be returned to to us upon death of my grandmothers new husband?

When my grandmother died in 1986, her new husband was left all our family heirlooms and antiques, so stated in her will. Upon his death they were to be returned to our family. We just found out he died two years ago and left all our property to his new wife. Can we insist she return them as stated in original will? Doesnt that supercede his will and my Grandmothers wishes?

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Attorney answers (1)

Reputation Level 15
If your grandmother's will gave him the property then her will usually can't control what happens to the property when he passes. That is up to his will. If a trust was formed and the property put into a trust then that would control. If a contract to make a will was created then you could use that. Just given what you have said here though it sounds like there isn't much you can do. Have a probate or estate attorney look at what paperwork you have (your grandmother's will, etc) and see if there is any legal recourse available according to those documents. Based just on what you have written here I am doubting you have any legal recourse.
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