What is my recourse if 2 of my siblings went into my sister’s home on the day of her death and removed items before the reading of the Will?

UPDATED: Jul 7, 2012

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What is my recourse if 2 of my siblings went into my sister’s home on the day of her death and removed items before the reading of the Will?

My sister was hospitalized prior to her death. My siblings went into her apartment several times to maintain her home. When we decided to withdraw support from her an agreement was made we would meet the day after her death to deal with her estate and items. One the day of her death, the siblings that were in the apartment prior to her death began removing items from her home. I am concerned they may have taken items of value. One of the siblings that removed items from her apartment is the executor of the estate.

Asked on July 7, 2012 under Estate Planning, New York


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

Since one of your siblings is the executor of your sister's estate, possibly the items removed were done so as a safeguard to prevent some third person from taking them. I would speak with your sister about this issue and expect later on an itemization of all items of your sister's estate as part of the inventory process.

I would also inquire when your sister's Will will be submitted to probate and who the estate's attorney will be.

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