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Probate and heir questions

Deer Park, TX |

my father passed away and instead of giving me my dads stuff my grandparents and uncles went through his house and took everything of value. can they do this? is there any way i can get it back from them help i am only 18 and my parents were not married. my uncle said i was named as my dads heir and that i would get anything that did not have to be sold to pay his bills. when my dad was in the hospital he said he wanted me to have his truck and i just learned my grandparents gave it to my uncle. can they do this? we go the first of april to court to probate his will.

Attorney Answers 3


As to the "stuff" this is a classic case of what I call the "pickup probate." Which means: the first one to the house with a pickup wins. Cruel, but true. Yes, you can sue your grandparents and uncles, but pursuing such a case won't be worth it. If your father died unmarried and you are his only child, then you are the heir. You refer to probate of a will, so the will controls and an executor should be named. I'm assuming the uncle is the executor and he is correct, the bills must be paid first. That includes using any vehicle. Vehicle title can not be lawfully transferred without probate. You need your own attorney.

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You can and should probably open a probate. By intestate succession laws, the children of the deceased parent receives the entire estate. The right to inheritance does not "climb" the family tree.

Matthew Johnson phone# 206.747.0313 is licensed in the State of Washington and performs bankruptcy, short sale negotiations, and estate planning in Whatcom, Skagit, Snohomish, King and Pierce counties. The response does not constitute specific legal advice, which would require a full inquiry by the attorney into the complete background of the facts and circumstances surrounding this matter; rather, it is intended to be general legal information based on the limited information provided by the inquirer; it This response also does not constitute the establishment of an attorney-client relationship, which can only be established after a conflict of interest evaluation is completed, your case is accepted, and a fee agreement is signed. Johnson Legal Group, PLLC

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I agree with my colleagues. There is also a chance that you will receive many of these items through probate, anyway. You can certainly show up in court and object to what took place. The judge may direct that the items be returned to the estate for your benefit. It would be better for you to be represented by a probate attorney.

James Frederick

***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ***************************************** LEGAL DISCLAIMER I am licensed to practice law in the State of Michigan and have offices in Wayne and Ingham Counties. My practice is focused in the areas of estate planning and probate administration. I am ethically required to state that the above answer does not create an attorney/client relationship. These responses should be considered general legal education and are intended to provide general information about the question asked. Frequently, the question does not include important facts that, if known, could significantly change the answer. Information provided on this site should not be used as a substitute for competent legal advice from a licensed attorney that practices in your state. The law changes frequently and varies from state to state. If I refer to your state's laws, you should not rely on what I say; I just did a quick Internet search and found something that looked relevant that I hoped you would find helpful. You should verify and confirm any information provided with an attorney licensed in your state. I hope you our answer helpful!

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