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mguthaus · Nov 6, 2010, 05:31 PM

My husbands stepsister took his dad's diamond ring before he passed away at the hospital. She used her employee status to do so. We found the only way to get said diamond back was to go to probate and make her put it into the estate , then the personal representative decides where his things will go. My husband happens to be the PR in his Dad's will. It does say in the will she could have his jewelry unless there is a dispute (which there is) and then the personal rep. has the power to decide.Does it look like there will be any problem? Also there may be a wrongful death case in which she is involved. Appropriating the ring before his death and multiple other factors make us extremely suspicious What do you think? Thanks

Fr_Chuck · Nov 6, 2010, 05:41 PM

I think he needs an attorney to be doing the probate court work for him, She will argue she had a right to it ( or may even claim she does not have it)
So you have to prove she has it ( evidence for court)
Prove how she got it , prove dad did not just give it to her before death ( gift)

Yes I see a lot of possible problems

mguthaus · Nov 7, 2010, 07:25 AM

Thanks,
Yes we have a probate lawyer she also has a lawyer.She wrote letters to us saying that she took it so there is proof that he did not give it to her before death.Also numerous relatives hearing my husband and her discussing it while he was on his death bed( so inappropriate, I had to leave she made me sick) We do have proof that she has it, she sent the setting to us thinking that would pacify us?Both lawyers know she has it.
As far as the wrongful death, he was staying with her while we were getting him arranged to move down here with us. She works at that hospital 630am-230pm she got home that Monday at 3 and found him still in bed. Knowing he was a diabetic for 40 years, she didn't tell the ems people that, she said he was possibly a narcotic overdose. They pushed fluids and narcanx2 before labs came back showing he had no narcotics in his system. This is one of the reasons we are doing his estate in probate. We now have all 490 pages of his care from the er- icu. Hate to think there was pre-meditation there Thank you for letting me share our can of worms here!