Fairhope, AL asked in Estate Planning for Illinois

Q: Deceased gave & sold away items while living knowing that was dying. Now that passed away the family is threatening

Threatening legal actions saying that it’s illegal for anyone to have these items deceased gave to them & have to return to them or risk arrests. Deceased had no legal will, though does have a video of one on social media. Deceased was married however ended many years ago but never legally got divorced. The spouse waved rights to deceased over to family but family seems all about $. I offered them sentimental things I have of them deceased that was given to me but they only want to hunt down valuable stuff & threatening legal action to get things that were given to people while they were living & somehow Im in the middle of it &bothers me. Do they have the right to get belongings that were given away while still alive? My item have was given to me &bought 2 from them & offered back but because not valuable they dont seem to care about it. Need to know if going to get legal as I know info & don’t want to be part of. Deceased married in Illinois, but lived out of state where gave & sold

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1 Lawyer Answer
Charles E. Hutchinson
Charles E. Hutchinson
  • Estate Planning Lawyer
  • Wilmette, IL
  • Licensed in Illinois

A: An owner has every right to sell, gift, give away, trade, barter, destroy, or otherwise dispose of any or all of their worldly possessions. There is no law against eliminating the burden of "stuff" of one's own free will.

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