Q: My grandma has written a will & has passed away. How would I be able to get her belongings?
My grandma has passed away and she has asked my father before passing to take her belongings which is her phone and her wallet to contact other family members and to use her wallet to pay off any bills of her house which we also live in (me & my dad). Me and my father had been living here for more than 9 years when my grandma came down with a sickness my auntie came out a month ago to help out with her needs as far as taking shots and moving her around she now holds my grandma's wallet and phone which my dad has asked her to return but she declines. Because my grandmother hasn't written no will how would my father be able to retrieve those items?
A:
It sounds like your father needs to open an estate and have a personal representative appointed for your grandmother's estate. The personal representative has the power to collect and hold property of the estate, and to require people who hold property of the estate to turn it over to the personal representative. If auntie won't cooperate, then the personal representative may need to file a motion for turnover of the items.
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