Executors Probate Court Process

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Summary

To retrieve items from a former stepfather, file a motion in probate court to enforce the will and request court-ordered assistance. Avoid direct contact to prevent harassment allegations. If items are sold, seek a court order to recover their value and file a claim for breach of fiduciary duty. Hire a professional appraiser and submit the report to the court. Use a VHS tape as evidence to demonstrate the existence and value of the coins. Consult your attorney for personalized advice.

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I am executor of my Mothers estate in Kentucky..it's currently in the probate court process. My former Step Father and are on bad terms and he has ignored letters to him, by postal mail. The 2nd letter I sent him was thru the sheriff's office and the constable called me to verify the letter was hand delivered to him. He has yet to contact me still. Can I go to his house and ask for the items listed. I fear that he would call the police on me for harassment because I am tryin to get what my Mother left me in her will..I have recieved about *% of the items listed in her Will..Mom passed away in *, and I have 10 years according to Kentucky probate laws, to get her will probated..What can I do to get these missing items without being in trouble for harrassing my former step father to just simply give me my mothers items..thanks
Hi ****, in Kentucky, you may need to:
- File a motion in probate court to enforce the will.
- Request court-ordered assistance to retrieve the items.
- Avoid direct contact to prevent allegations of harassment.
Always consult a local attorney for personalized advice.
I do have a probate attorney who represents me. She is aware of my former step father ignoring my requests to obtain my Mothers items..
It's great that you have a probate attorney. You should discuss with her about the possibility of filing a motion in court. This can help enforce the will and retrieve your mother's items legally, without any risk of harassment allegations.
Ok. Thank you..What happens if he has sold these items and did not attempt to tell me about yhe items?
If the items have been sold, you may:
- Seek a court order to recover their value.
- File a claim against the person for breach of fiduciary duty.
Discuss this with your attorney for specific advice.
Ok. Thank you. Kentucky probate laws says anything over $*,* my former StepFather will get ⅓ of the vaule of the items. The item's I am referring to are very old and rare coins. * Half dollar coin has been sold for $*,* last year. They are not at face value. They have never been rated or authenticated. How do I go about letting the courts know those coins could be worth millions of dollars. What if he sold them?
To demonstrate the potential value:
*. Hire a professional appraiser to evaluate the coins.
*. Submit the appraisal report to the court.
If they've been sold:
*. Seek to recover the value from your former stepfather.
*. Consult with your attorney for specific advice.
Thats the problem. My former StepFather has the coins and he's ignoring me. I cant get them appraised until I get the coins..How do I get the coins liated in my mothers will?
You could:
- Provide the court with a detailed description of the coins.
- Use past sale prices of similar coins as evidence.
- Ask the court for an order to have the coins appraised.
Remember to consult your attorney for personalized advice.
I found an old VHS tape from * and my deceased Mother is on video, showing these coins and she talks about what coin is what and how she got the coins. My mother got the couns from her (My Grandmothers) Mothers estate when she passed away. These coins are from MY saide of the family, not his..some of the coins are also from my Great great grandmother..
The VHS tape could serve as important evidence. Consider:
- Digitizing the VHS for preservation.
- Providing a copy to your attorney and the court.
- This could help demonstrate the existence, specifics, and potential value of the coins.
Thank you..you have been very helpful..you've actually gave me more answer's than my own attorney..smh..thank you so much..
You're welcome, ****. I'm glad I could help. Remember to consult with your attorney about these steps and keep all the evidence safe. If you have more questions in the future, don't hesitate to contact FreeLawChat. Best of luck with your case.