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Can I sue for these belongings or just get the belongings i want ?
11-09-2012, 06:26 PM
Post: #1
Can I sue for these belongings or just get the belongings i want ?
My father and I have been having problems over my deceased brothers belongings. He did not leave a will but he told the last person to see him alive to give all his personal belongings to me no exclusions. His belongings consisted of his car and clothes pictures and other personal items. I had most of his clothes and shoes but the car my father has taken upon his self to keep as if it is his. Is there anyway i can get a judge to force him to give me the car?

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11-09-2012, 06:34 PM
Post: #2
 
Sorry, but if there is no will then your brother died "intestate." The laws of your state will cover who gets his belongings . . . but if your brother was not married and had no children it is likely that only your parents would be entitled to inherit his property.

It is utterly and completely irrelevant that he may have told the last person to see him alive that you were to get everything. It would have been completely and utterly irrelevant if he had posted this as his status on Facebook. Unless he actually wrote a will, you are not entitled to inherit anything.

I'm sorry for the loss of your brother, and I'm sorry I'm not able to give you the opinion you'd like . . . but you are probably not even entitled to keep the belongings you already have. There is no way a judge is going to give you the car . . . but if you try taking your father to court, it is likely your father will counterclaim against you for the stuff you have.

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