What can I do as heir of a property if my mom owned a home and remarried but now that she’s died he has taken her possessions that were in it?

He just moved out and took out all of the items inside the home. She had most of this before she married him.

Asked on June 29, 2012 under Estate Planning, Louisiana

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss.  What you can do is be appointed as the personal representative of your Mother's estate and go after her husband for the items that you believe were separate property.  Was the house in her name only?  The issue with married couples is that the courts generally assume that things are owned jointly.  You are going to have to prove otherwise.  Good luck.


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