Kinston, NC asked in Estate Planning for North Carolina

Q: A relative "acquired" some property after the passing of my mother. They refuse to return the property to the estate.

They stole a purse and money from the bedside of the deceased person and say they feel they can keep it and it's contents.

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2 Lawyer Answers
Charles Evan Lohr
Charles Evan Lohr
Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: Hello,

I am sorry for your loss. The best option for your situation is for the person who is executor or administrator of the estate to file a petition to recover personal property with the clerk of court to try and have the property returned. Feel free to contact me if you’d like further assistance.

Evan Lohr

Attorney

919-348-9211

Angela L. Haas
Angela L. Haas
Answered
  • Estate Planning Lawyer
  • Raleigh, NC
  • Licensed in North Carolina

A: An estate file will need to opened, and someone appointed as the Administrator/Executor, and that person will be responsible for getting the items back. Get some sort of evidence (i.e., voice recording, text message or email) of them stating exactly what they took, because you'll have to prove what and who took it, if you want to get it back. Consult with a probate attorney about the rest of the specifics, so that a specific plan can be put into place.

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