Q: If I was left money and items by a person who passed away unexpectedly am I able to still get those? He never had a will

A: Unless you are an heir of a decedent who dies without a Will, you would not be entitled to inherit property from the decedent. However, if you have proof of ownership (e.g., receipts, contracts, written agreements, or other documentation showing the items belong to you), you can present this to the executor or administrator of the estate or make a claim against the estate. If you have evidence (e.g., text messages, letters, or witnesses) that shows the deceased’s clear intent to gift you the items or money, you can argue that the gift was complete or should be enforced.

A: A person who dies without a Will (Intestate) leaves all of his real and personal property to his next of kin, in order of closeness. You say, however, that the personal property of the person who passed away (the Testator) is owned by you and that you have proof.

There are two ways forward: the first is to contact the "next of kin" and explain that the Testator was holding some items of personal property of yours and ask them to turn them over. If that becomes a bit testy, you can then advise that person that you can prove that you own each item. If that doesn't work, you can petition the Surrogates Court by an application against the next of kin to have them turned over by Court Order. (The propriety of this application is that it can be expensive and would only be appropriate if the value of the items held by the deceased is worth it [or, obviously if they have sentimental value]. I hope my advice will help you. My contact information is on the Justia site.