Legal Question in Elder Law in Florida

My husband passed away last year. We owned some silver coins and bars. Some months later he was looking for the silver and asked me if I knew where they were. I of course knew exactly where they were but couldn't find them. So he said he believed he had given the container with the silver to my nephew by mistake thinking they were some bullets for a pistol he had given my nephew. Because he couldn't hear very well, he asked me to call my nephew to see if he had the silver. He said Yes he did. My husband told me to tell him of the mistake and that he wanted the silver returned. He then got on the phone himself and told my nephew about the mistake and asked him to return the silver., which up to the present time he has not returned them. Because of my husband's subsequent health problems we forgot about it and failed to follow up with him. Now that my husband has died

I have asked my nephew to return them to me. He has refused to do so telling me it was a present to him from my husband. What recourse do I have to get him to return the silver to me.

Asked on 1/02/24, 1:34 pm

2 Answers from Attorneys

Richard Bryan Richard Bryan Attorney PC

Please accept my condolences on the loss of you husband.

I’m not a Florida lawyer however it’s possible your estate lawyer can start what we here in New York call a Turnover Proceeding. This is a formal demand that your nephew return the property given to him by mistake. You definitely need to ask a lawyer in you town to help you.

Good luck.

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Answered on 1/02/24, 5:35 pm
Lucreita Becude Lucreita D. Becude, P.A.

you will have to sue him for the silver. I suggest you let him know that your intention will be to recover the lost funds. If he still refuses then you need to probate your husband's estate and have the attorney who is handling it resolve the issue of the silver. I would hope you have some medical records supporting that your husband's brain was somewhat in the stages of dementia and/or Altheimer's.

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Answered on 1/03/24, 6:04 am

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