My sister died of cancer, and now her husband won't let me near the $62,000 in jewelry she promised me. What can I do?

But what happens if her husband won’t give you the assets that your sister wanted you to have?

For example, let’s say Jill’s sister Linda has passed away. Linda promised Jill $62,000 in jewelry, some of which belonged to their mother, but Linda’s husband, Randy, is flat-out refusing to give Jill even a single piece.

The big question is, what can Jill do in this situation?

Does Jill have any options to force Randy to give her the gift?

Jill’s options to force Randy to provide the jewelry will depend on exactly how Linda made the promise.

“Did your sister promise the jewelry in writing, specifically in a will, trust, or a legally signed document that bequeaths the jewelry, or at least its value, to you?” asked Fred Taylor, the founding attorney of the multi-practice firm, Bush & Taylor, P.C. “If so, this is a legally binding provision the executor must carry out, and her husband has no legal authority to override that.”

Taylor explained to Moneywise that if Linda provided formal instructions that the jewelry was to go to Jill, then Randy can’t withhold the assets. “If your sister’s husband is the executor and refusing to turn over specific bequeathed property, that is a breach of his fiduciary duty, which can be raised with the court overseeing the estate.”

If a will or other estate plan exists, Jill should get legal help right away to try to reclaim her lost jewels. “An attorney can send a formal written demand letter identifying the bequest and asking for either a delivery of the jewelry or an explanation for withholding it,” Taylor said.

What if the promise was a verbal one?

Things become more complicated if there are no written instructions, though.

“If it was just a verbal promise, that’s much harder to enforce, although not necessarily worthless,” said Taylor. “If it was a verbal promise, do you have some sort of evidence of the promise? A text message, cards, a witness who can confirm it was verbally promised? If so, you may still have grounds to raise a claim against the estate, pending an attorney evaluation.