Is there anything I can do so my deceased cousin’s belongings can be taken care of?

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Is there anything I can do so my deceased cousin’s belongings can be taken care of?

My cousin passed away. Her mother passed a while ago. Her father got deported and is not allowed in the US any longer. Her uncle, who never had anything to do with her, has been told that he is in charge of her estate and funeral arrangements. Is there any way I can stop this? Is there anything I can do? He is going to throw away everything that she loved and was dear to her. I believe she wrote a Will and has it in her house. Is there any way I can get into her house legally?

Asked on February 11, 2012 under Estate Planning, Wisconsin

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss.  It is not clear who told your uncle that he is in charge.  Did he apply for the ability to act as the personal representative of your cousin's estate?  Then he is not "in charge" as far as the law in concerned.  You need to file a petition in probate court to be appointed as the personal representative of her estate.  Then you will be able to go in an do as you see fit.  Good luck to you.


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