If an heir took things from an estate before probate and will not give them back, can that count towards their share?

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If an heir took things from an estate before probate and will not give them back, can that count towards their share?

I am also a heir of the same estate. The other heir has been asked to give back personal property and he refuses. What recourse does the PR have?

Asked on May 29, 2012 under Estate Planning, Oklahoma

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

I am so sorry for your loss.  The personal representative has the power to get the items back but that means starting an action against the heir and using the estate funds to do it.  So if a compromise would be to count that item as part of that heir's share of the estate then it may be a good idea. Good luck.


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