Legal Question in Wills and Trusts in Connecticut

Removal of valuables from estate while still in probate

My husband was recently named the sole heir to an estate, which includes the family home and all the contents therein. It has come to our attention that the executrix has removed certain valuables from the home, claiming that the deceased ''wanted her to have them'', although the will states (and the rest of the family knew) that everything was to go to my husband. Some of the items (furs) have been given to family members of the executrix. The deceased also had a diamond wedding set, which is now unaccounted for. We told the executrix to cease removing items from the house, as they were part of the estate, which is my husband's now. We feel terrible about this, but want to protect our rights. She also will not allow us to get into the home to maintain it while it is in probate. What are our legal rights in this matter? Do we have any recourse regarding the items that have been removed?


Asked on 8/01/04, 10:42 am

1 Answer from Attorneys

John Heffernan Heffernan Legal Group, LLP

Re: Removal of valuables from estate while still in probate

Sure you have rights. The ex'x shouldn't dispose of anything and any she did dispose of she'll have to get back or pay you for. You may (and probably should) go to the probate court and get the judge to slap her wrist. The rings that have gone missing can be a problem, unless she admits to having taken them (although, when the judge finds out she's been taking things like furs because "she knew the decedent wanted her to have them", he's going to give her the fish eye if she plays dumb about the rings).

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Answered on 8/02/04, 11:19 am


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