Q: My dad passed away and had family heirlooms that were left on his property. Now my aunt thinks they should go to her.

Question

Both my uncle and aunt have hired a lawyer to get my fathers heirlooms that have been in my parents house my entire life and a few things he inherited from my grandfather when my grandfather passed away. My father was still married so shouldn't the heirlooms automatically go to my mother and his children?

William Tyler Melling · Answer

Assuming all of your father's children are also children of your mother, then the heirlooms are hers unless there is some other Will or instrument governing their ownership. Even if your father had children that weren't your mother's children, it would be divided between your mother and those other children, not to your father's siblings.

Wesley Winsor · Answer

First off, I am assuming your dad didn't have a will or a trust. If that is not the case, then we would look first to those documents to determine where his estate should be distributed.  
 
I agree with Tyler Melling, the only thing that I would add, is that for any claim from your aunt and uncle to even be reasonable would probably need to be a claim of, "the stuff was never your Dad's, and he was just keeping it for me".   
 
If that is the case and you disagree, then there will need to be an evidentiary hearing in the Court as to who actually owned the stuff.  The judge will make a decision as to who is more credible after witnesses, and other evidence has been presented.  I hope this helps.

Q: Q: My dad passed away and had family heirlooms that were left on his property. Now my aunt thinks they should go to her.