GABBY Petito's mom has filed a claim to get back the murdered 23-year-old's belongings as part of a petition by Brian Laundrie's parents to gain access to his $20,000 estate.

Laundrie family attorney Steven Bertolino confirmed to The US Sun on Tuesday the family will not contest Nichole Schmidt's claim.

"This is a mere formality. Mrs. Schmidt is seeking Gabby's possessions," Bertolino said.

According to the lawyer, Nichole is requesting to recover all of Gabby's belongings at the Laundrie home in North Port.

"Arrangements will be made and they will be given to Gabby's family without contest," Bertolino told The US Sun.

The text of the claim doesn't make reference to specific articles of Gabby's, so it's not known which of her belongings may be included in the suit.

"The basis for the claim is possession or control of personal property of Gabby Petito," the claim reads.

"The amount of the claim is unknown and is both now due and will become due on the release of personal property.

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"The claim is contingent or unliquidated because it is unknown if the decedent's final photos, videos and words are contained in the property."

William Galarza, who is representing the Laundrie family in their estate battle, did not immediately respond to a request for comment from The US Sun.

Petito family attorney Richard Stafford did not immediately respond to a request for comment from The US Sun.

On Tuesday, court records showed Gabby's mom Nichole filed a statement in Sarasota County, Florida, regarding Laundrie's estate battle.

The news comes after Chris and Roberta Laundrie filed a petition on December 8 to gain access to their son's estate.

Court records showed that Laundrie had $20,000 in his bank account when he died, even though he allegedly spent $1,000 on Gabby's credit card after her death.

While he was missing or potentially dead, it emerged Laundrie allegedly used an "unauthorized" Capital One debit card “in the District of Wyoming.

He allegedly swiped the Capital One debit card, running up a $1,000 balance, from August 31, four days after Gabby went missing, through September 1.

According to an indictment, he was accused of using the “unauthorized access device" to “obtain anything of value aggregating $1,000 or more," which was why there was a warrant out for his arrest.

As he didn't have a will, an expert explained in a previous interview with The Sun thatChris and Roberta had to go through the courts in a technical but standard procedure in Florida.

According to court records obtained by Radar, Chris and Roberta filed a petition in Sarasota County court on December 8.

The couple are asking to become administrators of his estate.

The records show they submitted Laundrie's death certificate in court along with information about his bank accounts and property.

More to follow…

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