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View Full Version : Non-compliant executor of a will.


TNBabygirl27
May 29, 2009, 12:38 PM
Ok I have no idea where to begin or if I am in the right place so I apologize in advance if I am not.

In Feb 2003 my Grandmother, my mother's mother, passed away. In her will it stated I would receive a ring set when I turned 25. This set is what my father, who is also now deceased, gave to my mother. When they divorced, my mother gave the ring to my grandmother because she didn't want it anymore. I just turned 25 this year in Feb. My family and I have not spoken in about a year. I had to have my mother arrested on assault charges last year. My aunt, her sister, is the executor of the will. We emailed each other a couple of days after I turned 25 and I inquired about the ring. She asked for my address and advised she would mail it. It is now May and I still have not received it. I asked about it last week and she stated that she now does not feel comfortable mailing the ring and on top of that doesn't feel she should pay for the shipping charges. She said that her terms were if I take my 2 year old son over to my mother's house, she will make sure the ring is there. Now keep in mind I had her arrested and we haven't spoken since. So this sounded odd to me. So I replied to her and offered to come by and just pick it up from her to which she stated that is not OK because she doesn't want to see me. Am I wrong in my understanding that as the executor she has to give me this property whether she likes me or not and that she would have to pay for any shipping to send me the item? I have been extremely upset about this and have cried a lot because of how they are treating me. This ring is the last thing of not only my grandmother's but my dead father's. It means a lot to me and the only reason they are keeping it from me is to mess with my head. Is this not blackmail? How can I go about getting this property from her and can I press charges against her? Thanks

justcurious55
May 30, 2009, 01:55 AM
You're right that she should give you (and has to give you) the ring whether she likes you. But why should she have to pay shipping for your ring? Unless the will also says she has to pay to get the ring to you I see no reason why that should be her responsibility. As for this nonsense of telling you you have to go see your mother blah blah blah, you need to be firm with her and just straight up tell her that the ring is rightfully yours and she needs to get it to you. Even if you have to pay for shipping. And that you're not going to have any of this nonsense.

Fr_Chuck
May 30, 2009, 05:00 AM
She can ask that you pay for shipping, that is not unreasonable,
it can be shipped insured by one of the major companies, UPS, FedEx and so on.

Agree to pay shipping costs, send her a real letter ( not email) giving her 10 days to send the letter or you will merely sue her in court for the value of the ring.

Also you can take her back to probate court and have the judge order her to give it to you

ScottGem
May 30, 2009, 06:17 AM
She should not have to pay for the shipping, the estate should pay. However, since the estate is probably closed, there is no way to get reimbursed. So its not unreasonable for her to ask for you to reimburse her. You can go into a UPS Store and get a prepaid shipping number that she can use to have you billed for the shipping costs.