Newark, OH asked in Probate and Small Claims for Ohio

Q: My mother passed away in Hawaii. Due to the pandemic, I wasn't able to travel there to take care of her personal affects

Since I couldn't go there my "estranged " daughter stepped up and cleared out her condo and sent me pictures of some personal items that she was to send me and I would pay for shipping. After she found out that I was left some money she told me that she wanted half of it and has since ended all communication with me. I am the next of kin with no other living siblings. Is there anything I can do to force her to send whatever she has left of my mother's belongings that are legally mine now. Please help. I don't know what to do. I have text messages and pictures from her also.

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2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Probate Lawyer
  • Crossville, TN

A: You should hire a probate attorney to get an executor. The executor can demand the return of all of your mother’s property and the court can hold your daughter in contempt if she fails to do so. There are remedies for this but you need to act fast before everything “disappears”.

Mark Martin Turner agrees with this answer

Mark Martin Turner
Mark Martin Turner
Answered
  • Probate Lawyer
  • Cleveland Heights, OH
  • Licensed in Ohio

A: First and foremost, your mother died in Hawaii so her Probate will be controlled by Hawaiian law. You need to find a Hawaiian attorney to represent you and your interests. If it is similar to Ohio law, and she died without a will you should inherit everything, but move quickly so the assets of the estate are not waisted by your estranged daughter.

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