What to do about theft from an estate?

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What to do about theft from an estate?

My father died 6 months ago. His current wife told my brother, sister, and I that he did not leave a Will. She then removed all items of value from the home and sold them. We later found my dad’s Will along with her will dated the same day with the same witnesses. My dad left his home and all personal items (i.e. antiques) in the home to his children. He left his second wife another property in a different state, the automobiles and monies in the bank accounts. A loan was still owed for the property my dad willed to his children and the bank will repossess. Can his second wife be held responsible for taking items out of the home and disposing of them when they were not hers to dispose? She did not file with Probate.

Asked on December 13, 2012 under Estate Planning, Missouri

Answers:

Victor Waid / Law Office of Victor Waid

Answered 9 years ago | Contributor

Obtain the assistance of a probate litigation lawyer to commence probate proceedings of to compel the former wife to account for all of the estate she disposed of and consider filing a criminal complaint with the district attorney for the county in which your dad died for theft.


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