How can I recover property that belonged to a deceased relative?
Imagine a man who had a passion for collecting sports memorabilia his entire life. He amassed an impressive and valuable collection, but when he passed away, his prized possessions went missing. Suspiciously, the only ones who had access to his home were his two sons. It seems likely that they know where their father’s precious collection is located. But what can be done to recover it?
In a case like this, where the sons won’t voluntarily return the memorabilia to the executor of their father’s estate, a discovery and turnover proceeding may be necessary. This proceeding allows the executor to question the sons and anyone else who may have information about the missing collection. If it’s proven that the collectibles did indeed belong to the Decedent at his death, and the sons took or sold them, the Court may issue an order directing the sons to return the collectibles, or the proceeds, to the executor or administrator of the Decedent’s estate.
This is just one scenario where a discovery and turnover proceeding may come in handy. There are many situations where this type of proceeding may be useful. If you’re involved in an estate and suspect foul play, don’t hesitate to contact a trusts and estates attorney who can help you take action.