Can I remove items from parent’s house that belong to me after they died? - Estate Planning Law Questions and Answers- LawQA.com

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Can I remove items from parent’s house that belong to me after they died?

I removed items from parent’s house after they died; these items belonged to me while I was living there now my sister who is the executor of will threatened to have me arrested.

Martinson & Beason, PC
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If those are your items, you can remove them from the house. The police and Sheriff's typically don't get involved in estate disputes over property or assets.

Answer Applies to: Alabama
Replied: 11/21/2012

Answer By John Simmons
John Simmons
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Yes, you may remove YOUR items. Your sister can prevent you from removing items that belonged to your parents. That's the question. Are the items in question YOURS or did they belong to your parents? Until that gets sorted out to the satisfaction of you and your sister (perhaps a court order determining ownership of those items will be necessary), I do not think you should try to remove them from the house. Since personal items do not have certificates of titles, as automobiles do, or deeds, like real estate does, then possession is a big part of the proof of who is the owner. If you were living in the house at the time your parents died, then you have stronger proof that these items might be yours than belonging to your parents. However, the mere fact that you were not living there at the time does not mean that you cannot prove to the judge that they are your items, merely being stored by you in your parents home after you moved out.

Answer Applies to: Idaho
Replied: 11/20/2012


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She can threaten all she wants. If she challenges you, however, the difficulty may be proving ownership of the items. She will have the same problem, however. This is not a criminal matter, under any circumstances.

Answer Applies to: Michigan
Replied: 11/19/2012

Answer By Sally Hamblin

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No you cannot remove items from the home. You will have to prove the items are yours and not estate property.

Answer Applies to: Michigan
Replied: 11/19/2012

Asset Protection and Elder Law Center
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It depends. This is a bit sticky so rather than answering your question I really think it is important for you to consult in person with a Trust Attorney. They will get all of the information and guide you properly. We need more information in order to answer this question and make sure you are properly advised and legally protected. Make sure you get a consult to assist you with this question and your potential rights to your parent's estate/Will.

Answer Applies to: California
Replied: 11/19/2012

Answer By Frank Granato
Law Offices of Frank D. Granato
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In general, no. You need to consult with the executor of the will.

Answer Applies to: California
Replied: 11/19/2012

Answer By Craig Epifanio
Craig Epifanio, P.A.
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It is supposed to be done through probate, however, you can't be criminally charged for taking your own things. Trespassing might be another matter though. You should try and talk this over with the PR so as to avoid any future problems.

Answer Applies to: Florida
Replied: 11/19/2012

Law Offices of Gerald A. Bagazinski
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You need to be careful. Your sister's job is to marshal the assets of the estate. If you have property there, you should petition the court, in the absence of an agreement with your sister, to recover your property.

Answer Applies to: Michigan
Replied: 11/19/2012

Answer By Victor Varga

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Why was your stuff there? If really your property, then you have every right to them.

Answer Applies to: Maryland
Replied: 11/19/2012

Answer By Brian Haggerty
Minor, Bandonis and Haggerty, P.C.
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If they actually belonged to you, there is no problem. Your sister's power as executor only extends to those things owned by your parents.

Answer Applies to: Oregon
Replied: 11/19/2012

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