My step mother was not part of childhood, they married when we were adults. How do we get the personal items and family items that should go to my father's descendants (namely his children) back from her, if possible? She is in the state of Arkansas and is refusing to cooperate. Even on items such as childhood pictures and items that have no real monetary value. We, his children, are not as much upset about the house or other assets but want to regain the personal and memory items to which she has no connection and which we cannot understand why she would want to keep them from us. Is there any process we can use to get these items back?

Was there a Will?

Basically what was his is now hers unless he made other provisions.

The operative word in your statement is "should." There is nothing that says any items SHOULD "go" to the children.

Have you asked her without telling her what she "should" do?

I don't know why she would keep these items. Maybe it was your father's wishes. Maybe you have never had a good relationship with her. I don't know.

You can always have an Attorney write her a letter, ASKING for the return of specific items. It might work; it might not.

The law is not on your side.

First things first. Was there a will?

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Originally Posted by smoothy

First things first. Was there a will?

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I would guess no Will because the question is posted as the widow "refusing to cooporate." If there's a specific Will you have no choice.

Or there IS a Will and everything went to the wife - and she's keeping it.

Yeah... we were posting at the same time... but mine timestamped after yours and ended up #3.

there is a will but she won't share it. She was married to him for the last 10 years. I understand that if a will exists that can be the final word, but this is pictures of my siblings and I growing up and pictures of my mother. There are other items like this that it just doesn't make sense for her to have. She'll probably toss them. It just makes no sense why she wants them and why the law would allow someone to keep these items and I don't understand why she would do this. Of course none of us are on good terms with her. There is no value in any of the items except memories to us. She was not even around during that time of our life. If that is the law and there is no leg we can stand on to get these items, then that just plain sucks. We're not asking for money. We just want the personal memories of our family. In my state, you can wait 20 years to file a will. If that is true in AR, by that time who knows where these items will be.

If she's hiding that will from his kids... there has to be something she is trying to hide. Or not hand over. As a child (and assumed Heir) you have the right to see the contents of that will. I would speak to a lawyer to draft a letter to force the contents of that will to be revealed to his family, or file suit to get it.

It will be difficult fighting what the will might say. But if that will exists, you have the right to know if everything was left to someone else or not.

Yes, he may have well left other items, so it is time for the kids to get together, share the cost and hire an attorney,

I think some of the "why" questions here are more about relationships and less about the law.

What is the past history in this family?