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.
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.
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.
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.
No. Generally, the death certificate must be submitted with the petition for probate.
No, the mortgage is a debt of the estate. That mortgage must be resolved before the property can be transferred.
if an equation is simplified by removing parentheses before the properties of equality are​ applied, what property is​ used?
Of course. Arrangements should be made for any of the heirs to visit the property before it is sold.
Until the Letter of Authority has been issued, the property cannot be put up for sale.
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.
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.
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.
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.