Legal Question in Wills and Trusts in New Jersey
My step son who resided in Illinois at the time, passed away a few years ago. He was not married but he did leave behind a daughter. He didn't have much but one thing he cherished was a cello his mother had bought him twenty years earlier. At the time of his funeral his mother met with an attorney because my step son had outstanding debt and while listing his assets she very nicely left out the fact he owned the cello so it wouldn't get sold. The grandmother is now saying that it was her cello, that she paid for it. My granddaughter was told it would go to her one day. He had no will. Who is entitled to the cello?
2 Answers from Attorneys
A NJ attorney can't answer this because Illinois law applies. Post this in the Illinois section.
I aghree, but it is possible that not having made a claim or demand for its return, it might probably be considered the step-son's propertry. If so determined, but the ownership will probably be litigated, it would be part of his estate, but subject to creditor claims, which might require it be sold. Perhaps the grandmother was thinking of this and she will give it to his daughter.
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