Q: My dad died, and my stepmother won't give me my family heirlooms that he promised me countless times.
My dad would take me shooting as a child (I have pictures). He always told me one day all his guns would be mine. We went to AA meetings together as adults, and he would still say "you're getting my guns". My stepmother told me he left me nothing, and I told her what he always said. She changed her story 3 times within 10 minutes the weekend my dad died. She accused me of being a criminal not legally allowed to have guns, and I provided her with the paperwork proving that's not true. Then she said he want to leave me the cheap ones. She had me go through all the trouble of obtaining proof for her and contacting dealers to help her sell guns. Now she ignores me when I ask about it. She's not sharing anything now. Even though they were all supposed to be mine. As sickening as it made me feel, I asked for pricing so I could buy back my family heirlooms.
A:
Under California law, if your father promised you specific family heirlooms such as guns, and there is evidence, such as photographs or witnesses, supporting these promises, you may have a legal claim to enforce these promises. While verbal promises can be challenging to prove, your consistent history of discussions and the fact that you were asked to go through the process of obtaining proof and contacting dealers may support your case.
To pursue your rights, you should consider consulting with an attorney experienced in probate and estate matters. They can help you explore your legal options, potentially through a claim against your stepmother for breach of a promise or even contesting the distribution of your father's estate if there is evidence of undue influence or other irregularities. It's important to gather all relevant documents and communication records to strengthen your case and demonstrate your entitlement to the heirlooms your father promised you. An attorney can provide guidance on the best course of action based on the specific details of your situation.
1 user found this answer helpful
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.
