What is the name of your state?What is the name of your state? Texas
My mother-in-law's mother passed away in October at a Nursing Home in Kentucky (she was evacuated before Hurricane Rita). Her will appointed my mother-in-law as the Executor and also "give, devise and bequeath to my daughter (my moth-in-law), in fee simple absolute, all of my estate of every kind and character, real and/or personal, including separate and community property wheresoever located or situated of which I shall die, seize and possess".
My mother-in-law has been living in Arkansas since July with her son and I.
Now, here's the problem(s) I need advice on:
1. The estate includes a house that has a mortgage (mother-in-law has made payments since death). All of her mother's posssessions were in the house and have been taken by different family members without her permission (Her two sisters and her brother had keys to the house). What can she do to make them bring the items back, they removed them when she came back to Arkansas to wait for the Probate Hearing?
2. Someone has changed the utilities into their name without her permission, is there anything she can do?
3. She believes that one of her family members is trying to move into the house or rent it out without her knowledge, what can she do?
She asked her brother to change the locks and board up the house until the Probate was over but he didn't. She planned on sharing the contents of the house with her siblings and give her brother the house (he would have to pay the outstanding mortgage). Since they all "lost their minds" and begin doing whatever they wanted (since she lives in Arkansas and is not there everyday) she has decided to keep everything, sell the house (to pay off mortgage and any other debts).
What are here options? We are going down for the Probate Hearing on Jan 19th. There is also Hurricane Damage to the house (the Insurance Company is going to send out an adjuster when we get there).
What is going to happen at the Probate Hearing? If they don't return the possessions what do we put on the Inventory of the Estate?