Q: A friend's father recently died while in hospice care at a nurse home . Before he died, someone took items from his home

A: It is not illegal for a person to take property that belongs to him or her if that can be done without trespassing.

It is illegal, of course, for a person to steal from the estate, i.e. to take personal property that does not belong to him or her.

If this individual did steal from the estate, the executor or administrator of the estate can take legal action against the thief for return of the property and/or for the value of the property stolen. Those cases can be difficult to prove, however.

A: It's important to know that once someone passes away, their property generally becomes part of their estate, which is managed according to the will and through legal processes like probate. Removing items from the deceased’s home before the will is probated or without authorization from the executor can lead to legal complications, especially if there are debts or liens to be settled first.

In your friend's case, if the person who took the items was not authorized by the will or the executor, this could be considered unlawful. The proper course of action would typically be to report this to the executor or a legal representative to ensure the estate is handled correctly.

If there are concerns about the legality of the items being removed, it would be wise to gather evidence and consider discussing the situation with a legal professional who can provide specific guidance on how to protect the estate’s assets.