Reidsville, NC asked in Estate Planning and Probate for North Carolina

Q: Can I sue for my deceased daughter's possessions from husband that I bought her for gifts?

It has been 1 1/2 years since her passing and he has yet to contact me. I sent him a letter requesting certain items, but received no reply. Nothing since her funeral. He has since remarried, and I was told her things were removed from the house. Storage? maybe. I need some closure, as I have nothing of hers for keepsake. He has totally ignored me and her sister. Please help us get just a few things of hers.

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1 Lawyer Answer

Amanda Bowden Houser

Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Unless she left you something in a will, anything you gave to her as gifts are hers and are part of her estate. You would likely not have any direct claim to them or cause of action to force him to give you anything of hers. Should her husband give you something to remember her by? Likely he should but he likely can not be forced to do so (at least not legally). Unless he is just a complete jerk, he presumably has some reason for cutting off contact with you and his sister in law. If he has legitimate reasons for doing that then this is essentially the price you pay and you may want to just leave things alone before you find yourself on the ugly end of a criminal harassment charge. If you are certain he has no legitimate reason to act as he has, then perhaps you need to reflect on why he has chosen to do what he is doing and approach this from a different angle rather than a legal one. Of course, it never hurts to consult with a local attorney who can review your situation in more detail just to be sure there isn't a legal option for you. Best of luck.

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