Legal Question in Criminal Law in Montana

last will

My father died and left a will. The day after his death his sister cleaned out his safe. we havent looked at the will yet. is she allowed to do this?


Asked on 1/12/07, 12:18 pm

2 Answers from Attorneys

Philip Rosmarin Rosmarin Law Firm

Re: last will

Unless what she took from the safe was property she owned (and can prove it), that your father was holding for her, or she is executor of the will, the answer is no, your aunt can't legally do that.

Apart from looking at the will, and depending on your relationship with your aunt, your options range from discussing it with her, to calling the police and asking them to investigate a theft.

I'm sorry for your loss.

Good luck.

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Answered on 1/12/07, 12:40 pm
V. Iyer Iyer Law Office, L.L.C.

Re: last will

The place of death, domicilary of decedent (father), and location and type of properties determine which state law applies. There is no information as to these vital facts.

Her taking may or may not be a crime. Need to know whether she had authority to remove the contents of the safe. A reading of the will should will help to determine her authority and intent of your father.

Further, need to know her intent upon the taking of contents of the safe. Again, these vital facts are not provided.

If you would like this office to help you in this matter, please contact us at:

Venkatesh Iyer

The Iyer Law Office, LLC

10170 E. Mississippi Ave

The AllCare Building

Denver, CO 80247

[email protected]

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Answered on 1/12/07, 3:12 pm


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