Legal Question in Wills and Trusts in New York

My mothers husband passed away five weeks before she did. New York law states she is entitled to 1/3 of his estate. Now that she has died her 1/3 goes to her estate we are told. His daughter is the executor of his estate. Her father and my mother lived in my mothers home. The daughter came in the home and took a 50inch flat screen tv and dvd player along with lenox figurines and many other items without permission. We have asked her attorney for a list of all items removed out of the house and have not had any response to our letters or phone calls. My mother paid for these items and I have all reciepts. What can we do legally? If she does not want to return them can we claim them stolen through her home owners insurance? Thank you for your help in this matter.


Asked on 11/05/10, 11:08 am

1 Answer from Attorneys
Rudolf Karvay Berkman, Henoch, Peterson, Peddy & Fenchel, P.C.

First, I strongly urge you to retain an attorney to have an administrator appointed for your mother's estate and to protect the estate's interests. Since the items belonged to your mother, a proceeding may be brought on behalf of your mother's estate to force the turn over of the misappropriated property. If you wish, my office can assist you with this.

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Answered on 11/10/10, 11:17 am


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