I need HELP

What is the name of your state (only U.S. law)? Montana
There are items taken from a deceased person residence before the PR could be appointed. Items were taken by a member of the family. This member of the family also legally adopted out of this family when she was legal age to do so without parents concent. How does PR get estate property back and is this criminal since items taken were firearms not willed to anybody?

utrans said:

What is the name of your state (only U.S. law)? Montana
There are items taken from a deceased person residence before the PR could be appointed. Items were taken by a member of the family. This member of the family also legally adopted out of this family when she was legal age to do so without parents concent. How does PR get estate property back and is this criminal since items taken were firearms not willed to anybody?

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When a child is adopted the child’s birth parents give up all legal rights and generally it severs all legal ties to the birth family… though in some states the child keeps their right of inheritance.

What is this person’s relationship to the deceased?

I’m not sure how it this works with adult adoption.

Since the person had no right to the firearms I do believe it’s criminal. Have you called the police? How long ago did this happen? What proof do you have that this particular person took them?

Do you have a list of what he/she took? If this person will get an inheritance, you could always subtract the value of the stolen items.

To answer questions**************....
The thief is a blood daughter of the deceased, but she adopted HERSELF out of the family when she was of legal age.
Yes, I called the police and there is a police report filed.
How do I know she took the items?
She admitted to family members, and neighbors SAW her taking stuff out of the house.

What is your relationship to the deceased?


Is there a will? Was she named I the will? Disowned I the will? Not named I the will?


What is the dollar value of what she took?

So you filed a police report. Are the police going to pursue it? She’s now I possession of stolen property. You have witnesses to back up your claims. That’s good. Though the police might see this as a domestic issue.

Did you file with the home owner’s insurance for the loss? If you do this and tell them who took it, they might put a fire behind the police. It seems to me that the PR has an obligation to protect the estate from such loss.

If she will not return the items, than you could also take her to small claims or civil court to get the items or their value back. You have witnesses to back up your claims.

Have you notified her by registered mail that you know she has the items and you want them returned so that they can be distributed according to the will or probate?

Have you checked with a attorney about whether or not she still has rights of inheritance? (I'm not implying that stealing stuff is the right way to go about gathering one's inheritance.) She may have rights of inheritance still…. In that case take the value of the weapons out of her portion.

You seem very upset about her going for an adoption as an adult. For someone who ‘adopted HERSELF out of the family”, she seems to have a lot of contact and interaction with the family. Why would someone get them self adopted as an adult but continue as a member of the family?

utrans said:

How does PR get estate property back and is this criminal since items taken were firearms not willed to anybody?

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Ops… almost missed this one…. Items that are not directly willed to anyone are not up for grabs. They belong to the estate until they are distributed either according to a will or according to law. A person cannot just take them… it’s theft to do that.

So yes it’s a crime.

On how to get them back, or their value if they are now gone… I addressed that above… registered letter, letter from attorney, the police, civil court

When you file the police report, ask them to check for stolen property under this person's name at the local pawn shops.