Sister died with no will, but...

[faefrog]

Jurisdiction

Pennsylvania

My sister died recently, she had no will that I am aware of, but she left some letters and checks with a friend to put in her safe in the event of her death. She was very troubled, and sometime after she left these with her friend, they had a falling out. I spoke with the friend and she said she didn't know where they were and would have to look, then she said she didn't want to be involved at all and would not release them to me or anyone in the family because she wasn't invited to the memorial. She has lots of bad feelings.

Is there any way that I can compel her to release these? I don't think there is even a remote chance that she will without a court order. She might not even then.

 

[army judge]

My sister died recently, she had no will that I am aware of, but she left some letters and checks with a friend to put in her safe in the event of her death. She was very troubled, and sometime after she left these with her friend, they had a falling out. I spoke with the friend and she said she didn't know where they were and would have to look, then she said she didn't want to be involved at all and would not release them to me or anyone in the family because she wasn't invited to the memorial. She has lots of bad feelings.

Is there any way that I can compel her to release these? I don't think there is even a remote chance that she will without a court order. She might not even then.

People are free to give things to those unrelated to them.

These alleged items were gifted by the deceased to her friend while she was alive.

The gifts belong to the friend.

You can't require the woman to give you her property, nor will any court require her to give you her property.

 

[faefrog]

I understand that would be true if the letters were addressed to her, but they are not, they are addressed to her family members and were meant to go to them on the event of her death. She took them in good faith with the intent to disperse them on her death. Does that matter at all? I'm afraid I wasn't clear in my first post.

 

[adjusterjack]

If the "friend" won't cooperate you will have to open probate under intestacy, get appointed representative of your sister's estate, and get the court order.

 

[faefrog]

Okay, thank you for your help. I appreciate it.

 

[army judge]

She took them in good faith with the intent to disperse them on her death. Does that matter at all?

You can "what if" this, or "what about" that all you wish, my answer remains the same.

Your loved one gave the property to her friend.
Title and ownership to the property passed to the recipient as doe possession of the goods, the moment your loved one gifted her friend with the items in question.

The property belongs to the deceased woman's friend.

Furthermore, the items were GIFTED to your loved ones friend prior to the death of your relative.

The items are NOT subject to probate, as your relative gifted the items to her friend PRIOR to her death at a time she had not been declared to be of unsound mind.

You or I may not like the outcome, but your relative had an absolute right to gift any or all of her property to anyone she chose while she was alive.

The items transferred were NOT subject to probate, nor can any court undo her decision.


The property belongs to the friend of your relative.

I wish you peace as you grieve your loved ones demise.

 

[Tax Counsel]

Is there any way that I can compel her to release these?

You know the answer to that already — the party with standing would have to go to court. It would not be easy. As Army Judge points out, she gave these things to her (at the time) friend while she was alive so the presumption is that those things were gifts to her and thus now her property. The one possibility I see is that you might be able to convince a court that she gave them to the friend with the understanding that the friend would pass those things on when she died and get the court to impose a constructive trust. The extent to which courts will impose a constructive trust in such circumstances varies significantly by state and you'd need to see a probate attorney to find out how likely it is that the action would succeed and what that would cost. This is not a good do it yourself project.

 

[army judge]

The one possibility I see is that you might be able to convince a court that she gave them to the friend with the understanding that the friend would pass those things on when she died and get the court to impose a constructive trust.

The biggest hurdle to overcome if one attempts to prove such a thing is that ONLY one party lives to relate what was discussed at the time the items were gifted.

Constructive trust claims often arise when a paper trail exists, or other parties were witness to the conversations/transactions.

In the instant matter at hand, it appears that only two parties were present at the time the goods were transferred, leaving anything anyone might say as being little more than hearsay or speculation.

Yes, such a path can be trod, based on the information we have, I see little success in such an effort; other than the enrichment of a brother or sister at the bar.

I call such efforts, Captain Ahab quests.

 

[Tax Counsel]

Yes, such a path can be trod, based on the information we have, I see little success in such an effort; other than the enrichment of a brother or sister at the bar.

I call such efforts, Captain Ahab quests.

Well, sometimes you do get the white whale. I agree that it would not be easy to do with what we know, but perhaps there is other evidence the OP has not mentioned that would up the odds of success. Thus my suggestion to see a lawyer if the OP is interested in pursuing it and to ask the pointed questions about that chance of success and, importantly, what it'd cost to try. It's not going to be cheap. Of course, it wouldn't be cheap for the former friend, either, and perhaps in that would be the possibility of some agreed resolution to this.

 

[army judge]

Of course, it wouldn't be cheap for the former friend, either, and perhaps in that would be the possibility of some agreed resolution to this.

The friend has nothing of value to lose in this battle.

In fact, no one knows that she possesses (or ever possessed) any of the items alleged to have have been given to her.

All she has to do is remain mute, unfortunately too many people ignore the obvious solution.

In fact, is she's smart and at one time touched the items, they've probably "gone missing".

 

[zddoodah]

Is there any way that I can compel her to release these?

Who is the court appointed administrator of your sister's estate? That person can take action through the court to compel this person to release the property of your sister that is now estate property.