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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.

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βˆ™ 2007-07-11 11:32:10
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Q: Can the police stop heirs from removing property from the dead persons house before the will is even filed for probate?
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Related questions

Can family members remove property from estate before probate?

No one is authorized to remove property before probate. They can be charged with theft and the executor has the right to demand its return.

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.

Can any family member remove property from the estate before probate?

No. 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.

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.

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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.

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.

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.

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.

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.

Can an executor sell a property without a signature?

No. The person who is selling the property must sign the deed and they must have the proper authority to sell the property. An executor must be appointed by the probate court before they can act.

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