What to do if my stepmother passed away and she and my father had made a Will leaving everything to him but he has not gotten anything?

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What to do if my stepmother passed away and she and my father had made a Will leaving everything to him but he has not gotten anything?

Just 2 weeks before she passed away, my father had gotten sick and had to go into the hospital. During that time my stepmother’s real children had come to stay with her and had ransacked the home. They eventually took all the furniture, money and anything of value while my father was away. What course of action should my father take to recover his things?

Asked on August 2, 2013 under Estate Planning, Louisiana

Answers:

Nathan Wagner / Law Office of Nathan Wagner

Answered 8 years ago | Contributor

Your stepmother's will leaves your father everything your stepmother owned at the time of her death. So if your stepmother gave all of her valuables to her children while they were visiting, she didn't own them anymore at the time of her death and they would not pass to your father. If you think the children stole her valuables without her permission, then your father would still have a claim on them. He should report the theft to the police and talk to a local probate lawyer. If they forced her to give them her valuables, that could be elder abuse, and it should also be reported to the police. 


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