Q: My father recently passed and has a living wife. Can she give me items such as tools before probate?
There was no will and my fathers spouse lives in the house with all his stuff.
A:
Can she? Most likely, yes. And that will somewhat depend on if probate is necessary. Will she? That's a conversation best had with her.
The death of a loved one, and more specifically, the disposition of their estate, tends to either build or divide families. If you have a good relationship, I would suggest communicating with her and help her through this. It would also be helpful to communicate exactly what items you would like; in times of stress, particularly if there is not already a foundation of trust, that sort of conversation can be perceived as "I want to come in a take whatever I want" if you are not careful.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
