What can be done if itemswere taken from an estate if a Willprovided otherwise?

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What can be done if itemswere taken from an estate if a Willprovided otherwise?

My grandmother passed away recently and it states in the Will that everything is to be auctioned off. Someone took some items out of the house before the auction that they said she had given to them prior to her passing. Now the auction is over and certain people noticed that those items were missing. So should the items be returned or should they just have to pay for them?

Asked on November 16, 2010 under Estate Planning, Missouri

Answers:

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

Answered 11 years ago | Contributor

Technically those people stole from the estate and the executor would be within his or her rights to bring charges against them.  If he or she wishes to handle it differently, he or she should consult with the attorney for the estate, who can advise him or her here as well.  If all beneficiaries are in agreement as to handling things civilly - and it appears from your question that you seem to be relatively calm about it all - then I would suggest that the fastest way to resolve the matter would be best.  That is a determination, though, that the executor and the attorney will have to make.  Good luck.


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