Deceased's possessions, and access to. No will.

[thillywabbit]

What is the name of your state (only U.S. law)? Georgia

I've been searching this site, and getting some information, but please let me come right out and state my problem.

My sister in law died last week. Very sad. She left behind, not much, but plenty of debt and a landlord who had asked her to be out by (twenty days hence today).

One of the sisters has the key to the apartment and she is not letting anyone in. We suspect that she is giving away some of the stuff and expects to keep the car.

When I confront her with it, she says, "we'll see" and runs away.

There is no will that I know of. Is there a legal way to stop her, or at least inform/threaten her, and let her know that she can't just give stuff away, and that everyone has a right to see what's there?

I don't have the landlord's number, I'm afraid that he will ultimately take everything and toss it or keep it furnished.

Can someone offer me some advice? I'm worried. Thank you.

 

[justalayman]

and that everyone has a right to see what's there?

well, there is where you are wrong. Nobody has a right to see what is there. It is the property of the estate and entering the property of the estate without permission from whomever has the legal right to control the estate is trespassing and taking property from the estate is theft.


so, is there enough of anything to open probate or is it all gone due to the debts of the estate?

Oh, and there is nothing that can be given to heirs until the debts of the estate are paid.

Here is a primer on probate in Georgia

http://www.gaprobate.org/loved_one.php

scroll on down to the section titled "when there is no will"

 

[thillywabbit]

well, there is where you are wrong. Nobody has a right to see what is there. It is the property of the estate and entering the property of the estate without permission from whomever has the legal right to control the estate is trespassing and taking property from the estate is theft.

So who has the legal right to "control the estate"? An appointed administrator? Or the person with the key? There are seven siblings and her mother survives.

so, is there enough of anything to open probate or is it all gone due to the debts of the estate?

There is nothing much of value in the estate. Just sentimental. The hospital bills, and who know's what else (landlord, telephone, cable) should be pretty substantial. No way of paying them off, we are working with Medicare and Disability, which she was applying for before she died so suddenly.

Oh, and there is nothing that can be given to heirs until the debts of the estate are paid.

I hear you , but I"m not sure that's the issue. If I told the recalcitrant sister that, she would laugh in my face....We're talking about a car with 194,000 miles on it, a bedroom set, kitchen table and chairs, etc.

Here is a primer on probate in Georgia

gaprobate.org :: Wills and Estate Planning :: What to do When a Loved One Dies

scroll on down to the section titled "when there is no will"

Thank you, very informative, so I don't think that I'll file anything in Probate court. (from what you said), or does probate happen, like when the phone company is informed that she has passed?

Thank you for your time and information.