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won't give us our decesed mothers property

Discussion in 'Other Legal Issues' started by sharanne1118, May 22, 2005.

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  1. sharanne1118

    sharanne1118 Law Topic Starter New Member

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    My mother passed away unexpectedly. She had remarried 2 years previously. They both had separate property. My mother had a will that she made before her remarriage, leaving her home and property to us, her children, when she made her will, she was unmarried. When she died, we had no idea what type of insurance she had, or even who was her beneficeries. Her husband made all decisions regarding her funeral, signed his name to the contract. After her funeral, he told us, he would not release his right of election unless we paid for the funeral as well as pay him $4000.00. All my mother had was her modest home that I lived in with my children. Although upset, we paid him the $18,000 ( funeral plus $4000.00) and asked him to waive his rights to my mothers property including her home and personal property, much of it at their home. At our lawyers office, he agreed, he signed the waiver, we paid what he asked. Now he is refusing to give us our mother's things such as family herilooms, pictures etc... After weeks of this, going back and forth through lawyers...what is our next step to get our family items returned. We do not want his things, wedding gifts or anything they purchased together, just our mothers personal property.
     
  2. tamhall

    tamhall New Member

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    What a jerk! The only thing you can do is sue him for it. Take him to small claims court. Do not pay him one red cent!
     
  3. Medaris

    Medaris New Member

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    I wouldn't have paid him in the first place. I would have just taken him to court since it says in your mother's will the the house was supposed to go to you. You probably would have won your case if you showed the judge her will. I would still go to court against him anyway just to not only get the family possessions back, but also to show him that he isn't in charge of you or your mother. Although, after court I would kick him hard just to hurt him.
     

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