If my estranged husband died 5 months ago, how would I go about recovering the property that his parents removed from his residence?

I want it returned to my husband’s estate. We were not living together at the time but we were still married. When his body was discovered the police contacted my husband’s parents to notify them of his death. They admittedly indicated that they had not seen their son in at least 2 years and did not know if he was still married. The police did not pursue the avenue that their son (my husband) might still be married and the parents were allowed to enter my husband’s residence and remove any and all property. I am in the process of filing to become the Personal Representative of my husband’s estate.

Asked on March 17, 2015 under Estate Planning, Arizona

Answers:

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

Answered 5 years ago | Contributor

I am so sorry for your loss.  Once you are appointed as the Personal Representative of the estate you will have the Power to marshall (gather) all of your husband's assets and belongings, even those taken by his parents.  The wrongful taking could be seen as dissipating estate assets.  Perhaps hiring an attorney to heklp with all of this is a good idea.  Good luck. 


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