My children's mother past away and the step father will not allow us to take their belongings from the mother's residence(i.e. clothes, toys,personal items). I had shared custody of the children with their mother, and the children were over there 1/2 the time, and there are quite a few items in the residence. Do I need a court order to retrieve the items?
You need a court order if you have no lawful right to enter the premises. If you pursue the solution in the Probate Court, I think the personal representative in the Mother's estate would be looking to recover the property as an asset in the estate, but I think the more practical solution would be to pursue recovery of the property under a landlord and tenant theory.
You may try asking police if they will assist in you getting access to remove the children's belongings. If not, then seek a court order. Best wishes,
You can ask for police assistance to help mediate the issue but they are under no obligation to help with a civil matter. The other option is putting in a claim on behalf of the children in probate court. Send him a letter pleading that he take the mother and children's best intersts to heart. If that fails, maybe the maternal grandparents can help.
No answer provided by this attorney in this forum is to be considered legal advice. No attorney-client relationship is created in responding to this question, and advice provided is based solely on very limited facts presented, and therefore may not be correct. You are advised that it is always best to contact a competent and experienced with the practice of law in the county in which you reside.
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