If personal property is taken from an estate by family relatives without consent, what can be done to reclaim?

Brother died with no Will, spouse, or children. Estate went to living mother and father. Family relatives took and kept remembrance items without permission (cars, antiques). Parents want autos returned but were denied.

Asked on February 25, 2012 under Estate Planning, California

Answers:

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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the problems that have resulted.  Has anyone been appointed as the personal representative of the estate?  That person would be the fiduciary and would have great power to set those things right.  He or she could bring an action to recover the property.  Get some legal help here.  Good luck.


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