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My sister is executrix of my mother's will. From the get- go she started removing items from my mother's home and giving some to another sister. Is this considered stealing and if so what can be done?
Wiki User
∙ 15y ago
Most lawyers would say it is not "stealing" in the criminal law sense, but it can be misappropriating property that belongs to another. So it is more of a civil than a criminal matter. You have two courses of action. First, ask the probate court to remove the executrix for giving property that you have an equal interest in to someone else or at least to force her to regain the items. Second, you can sue her or the other sister for your share the monetary value or the return of the items given away.
Wiki User
∙ 15y ago
If your sister is the executrix of your mother's will, she has a legal duty to manage your mother's estate in accordance with the will. If she is taking items without following proper procedures or distributing them unfairly, this could be considered theft. You may want to consult with a lawyer to understand your rights and explore options for recourse.
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My sister is executrix of my mother's will From the get go she started removing items from my mother's home and giving some to another sister Is this considered stealing and if so what can be done?
If the items have been inventoried and properly valued, she can distribute them according to the will. If they have not be recorded, she is misappropriating the assets of the estate. Consult a probate attorney in your area. You could file an injunction and a request that she be replaced by an impartial executor such as a bank or lawyer. At cost, of course.
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