Taking property from an unsettled estate

[Charles Setliff]

Jurisdiction

Virginia

My mother recently passed away. Everything was left in equal parts to me, my 2 sisters and my nephew. There are family issues, before she passed and after. Everything is supposed to be divided equally between the 4 of us. Since it hasn't been long since her passing nothing has been divided at this time. It may be some time before we start this process.

My nephew has removed property from the estate and hasn't brought it back. He had consent from one heir (his mom). My other sister may or may not side with allowing him to "use" the property until the estate is settled. However, he didn't have consent from all heirs including myself. Can he legally remove property from the estate without permission from all heirs? In this case is it a majority rules situation? What can I do to demand the property be returned? The property he removed was the one thing that my mother had kept when my daddy passed. It was to be kept there at the house. Before she passed away, my nephew had stated that if he ever got it that she would never see it again. He has had it going on 3 weeks now.

He also has lived in one of my mothers houses for years without paying rent or utilities. Can this be counted as part of his inheritance? It is not about the money but more about the principle. My mother had asked him to pay his rent and utilities for years. Before he moved back in the last time it was agreed that he would pay her but always had a sad story of why he couldn't. He is still in this house even now.

I'm just trying to find out what my rights are in this case.

 

[army judge]

My mother recently passed away. Everything was left in equal parts to me, my 2 sisters and my nephew. There are family issues, before she passed and after. Everything is supposed to be divided equally between the 4 of us. Since it hasn't been long since her passing nothing has been divided at this time. It may be some time before we start this process.

My nephew has removed property from the estate and hasn't brought it back. He had consent from one heir (his mom). My other sister may or may not side with allowing him to "use" the property until the estate is settled. However, he didn't have consent from all heirs including myself. Can he legally remove property from the estate without permission from all heirs? In this case is it a majority rules situation? What can I do to demand the property be returned? The property he removed was the one thing that my mother had kept when my daddy passed. It was to be kept there at the house. Before she passed away, my nephew had stated that if he ever got it that she would never see it again. He has had it going on 3 weeks now.

He also has lived in one of my mothers houses for years without paying rent or utilities. Can this be counted as part of his inheritance? It is not about the money but more about the principle. My mother had asked him to pay his rent and utilities for years. Before he moved back in the last time it was agreed that he would pay her but always had a sad story of why he couldn't. He is still in this house even now.

I'm just trying to find out what my rights are in this case.

Not much you can do because he conned your mother and his mother isn't working with you to get him evicted.

Start discussing his eviction with teh other heirs, see if you can get everyone to agree.

Otherwise, petition the court to partition the property, take your cut, and cut all ties to the deadbeats and tricksters.

 

[Charles Setliff]

It isn't as much about the house as it is about him taking my daddy's tractor and not returning it.

 

[army judge]

It isn't as much about the house as it is about him taking my daddy's tractor and not returning it.

If it was taken without authorization, report it to the police.
You can sue him in small claims, but if he's a deadbeat, that won't get your tractor, nor would a deadbeat ever be able to pay the judgment.

 

[Charles Setliff]

Would all of us have to agree that he could use it? Since it's 1/4 his, 1/4 his mom's - they both agree that he can use it. My other sister (1/4 hers) said he was bringing it back in a couple of days but that was over 2 weeks ago. I never wanted it to leave the premises. Since it is just 1/4 mine I didn't know if I had the right to go to the police. I have a general idea where it is located. I had read somewhere that no property of any value could be removed before distribution without all heirs being in agreement. Is that true?

 

[army judge]

Would all of us have to agree that he could use it? Since it's 1/4 his, 1/4 his mom's - they both agree that he can use it. My other sister (1/4 hers) said he was bringing it back in a couple of days but that was over 2 weeks ago. I never wanted it to leave the premises. Since it is just 1/4 mine I didn't know if I had the right to go to the police. I have a general idea where it is located. I had read somewhere that no property of any value could be removed before distribution without all heirs being in agreement. Is that true?

If the property hasn't been distributed, it belongs to the estate of the deceased. The person appointed to oversee probate should demand the thief return the property. Until the will has been read, the estate probated, no one owns anything because its the property of the estate. The administrator of the estate should also do a full accounting of all property before its probated.

How can anything be distributed before its known what the estate owns?

 

[Charles Setliff]

Thanks! It's also hard to do a full accounting of the estate if things go missing. Just seems like things are going backwards.

 

[army judge]

Thanks! It's also hard to do a full accounting of the estate if things go missing. Just seems like things are going backwards.

If the estate is of great financial or sentimental value, people often hire attorneys to ensure the shenanigans you are enduring are stopped.

 

[Charles Setliff]

It looks like it may have to come down to that.