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Legal Questions
Anonymous2 views3 answers
The difficulty seems to be that they will likely claim these items were a gift from your mother.
If there is hard proof that the items were "stolen", such as a signed confession or a taped confession your case is much better. Criminal charges will probably not move forward due to the unlikeliness of this same evidence. Please also note that the statute of limitations for felony cases is generally 4 years, the civil statute could be less. Therefore you need to speak to an attorney soon.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
The difficulty seems to be that they will likely claim these items were a gift from your mother.
If there is hard proof that the items were "stolen", such as a signed confession or a taped confession your case is much better. Criminal charges will probably not move forward due to the unlikeliness of this same evidence. Please also note that the statute of limitations for felony cases is generally 4 years, the civil statute could be less. Therefore you need to speak to an attorney soon.
Please note that the above is not intended as legal advice, it is for educational purposes only. No attorney-client relationship is created or is intended to be created hereby. You should contact a local attorney to discuss and to obtain legal advice.
Did they "steal" the property before or after your Mother's death? If before, it will hard to prove she did not give them the property. If they took it after her death, the Administrator was required to collect those items while the estate was open. If the estate is still open, the Administrator can file a claim against the people who have possession of the items. You will need hard evidence that they have the items. Pictures of the items in their possesion are best. If the estate is closed, you will need to reopen the estate because the items belong to the estate, not to any particular individuals.
Sure. Chance of winning? Not likely, but depends on what level of proof you possess. When you say "go after" I assume you mean in a civil action versus having them arrested for what you describe as "stole".
