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Can the police stop heirs from removing property from the dead persons house before the will is even filed for probate?
Mpt
In theory, taking property from another (the estate), with intent to permanently deprive the other of its use, is called "theft" and the police can become involved.
In practice, however, the heirs can claim it is a civil (not criminal) matter between themselves ("so, sue me and prove it isn't my stuff"), and the police will be excused from enforcing any criminal laws, absent any evidence of a crime. They can, however, become involved in "preserving the peace" where anyone is making a public disturbance.
The middle ground would involve hiring private security to watch stuff (and keep records of anything still there or as it leaves), changing the locks, and demanding an immediate accounting for anything removed from the house without the necessary permission of the executor. Absent any accounting in reply, the executor could sue for the return of all missing property.
Wiki User
∙ 16y ago
Wiki User
∙ 10y agoNo. The property is part of the estate and may:
1) need to be sold to pay death duties/taxes/creditors
2) may be subject to instructions specified in the will.
3) is the responsibility of the executor(s) to distribute.
Therefore removing property before probate is issued and/or without the permission of the executor(s) would be a crime and a matter that should be reported to the police.
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Can a daughter take goods before probate is granted?
The daughter is not authorized to remove property before probate. They can be charged with theft and the executor has the right to demand its return.
Does property go through probate before death certificate is made public?
No. Generally, the death certificate must be submitted with the petition for probate.
Can a mortgage be omitted from probate if the property was deeded to someone else before death?
No, the mortgage is a debt of the estate. That mortgage must be resolved before the property can be transferred.
Can children of a deceased parent be allowed access to parents property after probate but before selling?
Of course. Arrangements should be made for any of the heirs to visit the property before it is sold.
If an equation is simplified by removing parentheses before the properties of equality are and 8203 applied what property is and 8203 used?
if an equation is simplified by removing parentheses before the properties of equality are​ applied, what property is​ used?
When A person passes away leaves a lot of credit card debt has some property but small estate no probate court can family wait 2 years before transferring property and be clear of debt?
First of all, there should be an estate opened with the probate court. Otherwise the debt is going to hang around. The estate is supposed to settle debts before property can be distributed. Consult a probate attorney in your state for the details.
Can you contest entitlement property belonging to a minor child if the deceased's estate has not been probated?
In most cases the estate must be entered into probate before any property can be disbursed either through the terms of a Will or by the probate succession laws. What property is exempted from probate and can pass directly to the beneficiary is determined by the laws of the state in which the deceased last established residency.
Can an estate be put up for sale before probate and how long does probate of the will take in NJ?
Until the Letter of Authority has been issued, the property cannot be put up for sale.
What do you have to do if the owner of property dies and you are the lien holder?
You should file a certified copy of your lien with a notice of claim at the probate court where the decedent's estate has been filed for probate ASAP. A decedent's debts must be paid before any property can be distributed to the heirs.
Do you need to probate your father's estate if he created a living trust before he died?
You need to probate your father's estate if he owned any property at death that was not transferred to his trust. You should have a copy of the trust. If you're not sure you should consult with an attorney who specializes in probate law.
Can one sibling have grant deed changed to his name before probate and claim property as his own?
The sibling does not have the right to change a grant deed. Only the property owner can make such a change.
You live in IND. Your husband resided in MO for 7mos before his death. What state does the estate have to be form in for the MO real property and possessions?
You should consult with an attorney who specializes in probate law. Your husband's estate must be probated wherever he owned property in his own name. If he owned property in Indiana and Missouri, the initial probate would be filed in his usual place of residence which may be Indiana. If he also owned property in Missouri, you would need to file an ancillary probate in Missouri.
