Salt Lake City, UT asked in Probate and Estate Planning for New Mexico

Q: My sister passed away and her things are at her boyfriend's house but he won't give them to me voluntarily.

They are not married and he has pawned several things already and she did not leave a will. She also has a husband who is incarcerated but gave me power of attorney of her and her property.

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1 Lawyer Answer
Nina Whitehurst
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  • Estate Planning Lawyer
  • Crossville, TN

A: The power of attorney expired when your sister died. You now need to go to court to be appointed as executor of her estate. As executor you will have the power of the court behind you when you demand that the boyfriend turn over her property, and you can also sue him for the value of the property that he sold. You can also recover from the pawn shop any property of hers that they have not already sold, because it was stolen property.

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