How can the net of kin redeem a pawn ticket?

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How can the net of kin redeem a pawn ticket?

My father recently passed but before he did he pawn his bracelet and my mother is next of kin so she’s trying to pawn it out for me since its the only family heirloom we have of him. We have the pawn slip and he signed it but still the pawn shop is giving us a hard time. What are our rights?

Asked on November 16, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

I am so sorry for your loss.  The reason that they are giving you a hard time is that they can really only release the goods to the person who pawned them or some one with authorization (which would be written to be good).  Since your Father has passed you can really only get the authorization needed from Probate Court by filing for probate letters. I do not know the rest of your situation and if you relly ned to probate the estate but you can get temporary letters for small estate or small estate affidavit if need be.  Go to the probate court in the county in which he resided at the time of his death and speak with the clerk.  They can not offer legal advice but they can indeed tell you the options.  Good luck.


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