My Great Grandmother Gave Me A Rosary That A Prist Had Gave Her When She Was Little. Theres None In The World So It Hard To Find. Well 2 Weeks Before My Great Grandmother Died She Gave Me The Rosary To Keep Safe So I Did. Until My Mother Took It Away From Me Saying Its Her In WIll Not Give Back. Im In CPS In I Wont It Since She A Huge Druggie And Im Very Afaird She'll pond iT.
Hello. May I suggest discussing the matter with the Executor of the Estate. If no executor was appointed (or the Will was not offered for probate), you may consider filing a lawsuit in small claims court, alleging that your mother took the rosary from you, that was gifted to you by your great-grandmother. If you do win your case, there may also be the issue of trying to get the rosary from your mother, particularly if she sold it, pawned it, or may allege the rosary is long gone or was stolen, and that she doesn't know where it is. I wish you the best of luck.
My colleague, Mr. Dietlein, has given you a terrific outline in the legal procedure involved and the practicalities of trying to get the rosary back from your mother.
Based upon the facts presented, I certainly agree that you should win, assuming your mother still has the rosary, and assuming that you are an adult and of legal age to sue, but I want to ask you one question:
Are you sure you want to go about getting the rosary by a lawsuit against your own mother?
I know that people look to lawyers and lawsuits to help them get what is justly and fairly theirs, but there are other ways of going about this problem. Involving another family member who both of you trust might be one way. Sitting down with the executor of the estate and trying to get this problem resolved might be another, as Mr. Dietlein has suggested.
There are other, far less expensive ways to getting what you believe is rightfully yours. Going to court should be the last thing you try, only after you've tried everything else.
I wish you the best in your efforts.
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I dont know for sure what you mean by "Im In CPS" but I speculate you are a minor in the custody of the state. In that case, the state will have to act for you. Tell your foster parent or caregiver and have them contact the case worker, or do it yourself. They may be able to recover the rosary, but if it has been a while, don't expect too much.
DISCLAIMER: The forgoing comment is for general educational purposes only, and is not legal advice upon which the reader may rely as the commenter has no actual knowledge of the facts of the case, has not interviewed persons or examined evidence, and has not researched the applicable law. The comment is based only on the facts provided, which are extremely limited, and may or may not be true. Complete defenses may prevent the success of any claim. Competent legal advice should always be obtained before taking any legal action or filing suit. Readers employ any information provided herein at their own risk.
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