If my Sister died without a will and was not married who is entitled to her possesions?

Her Boyfriend is selling all of her possessions without the permission of my Mother or myself and I am her Sister.. He is not giving us any of the money including money he owes my 85 yr old Mother for bills she paid for him.. What can we do to stop him or to make him give us the proceeds

Asked on March 11, 2016 under Estate Planning, New York


B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You need to immediately reach out to an attorney, get a probate of her estate filed, and seek a restraining order to prevent him from selling any additional items.
Some law enforcement agencies will let you get into her residence and retrieve her things... but that will be up to the law enforcement agency in your area.  It may not be successful... but it is worth a try since it's free.  Since he has taken and stolen things that do not belong to him, you may also want to consider filing theft charges.  However, the agency may want one of you to be deemed the executor of the will before they authorize anyone to press charges on behalf of the estate.

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