How do I stop my mother’s siblings from disposing of her personal effects?

UPDATED: Aug 8, 2012

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How do I stop my mother’s siblings from disposing of her personal effects?

My mother passed away a couple of weeks ago. By the time her siblings bothered to notify me of her death, she had already been cremated without my knowledge or consent; I was her only child. She was divorced from my father and was mentally incapacitated for about 22 years when she signed power of attorney over to my father. Also, what about the effects they already got rid of?

Asked on August 8, 2012 under Estate Planning, Texas


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

Answered 10 years ago | Contributor

I am so sorry for your loss and for the situation.  From what you have written you are the only beneficiary of her estate and would be entitled to all of her belongings.  The best you can do is to request to be apointed as the personal represetative in the Probate Court in the county in which she resided at the time of her death.  The you can make inquiry as the personal effects and hold people accountable.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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