Property was taken from the deceased’s house without permission

Personal property, like jewelry, clothing, furniture, vehicles, and collections, belong to the estate of the deceased person. Because these items (with the exception of vehicles) do not have titles, it is difficult to determine whether the deceased gave away, gifted, or promised these items to someone before dying. Therefore, disputes often arise over the rightful heir of personal property. 

In general, personal property has more sentimental value than monetary value, making it even more difficult to resolve disputes about personal property. In fact, regularly parties spend hundreds or thousands of dollars in attorney fees fighting over personal property that has no monetary value. 

In estates with special property of value (such as appraised art, fine jewelry, vintage automobiles, etc.), an appraisal and inventory will be required so that the heirs are aware of the valuable property in the estate. 

For property without significant monetary value, typically the executor will allow heirs to select items of meaning, if any, and donate or sell the rest. 

If valuable property is removed from the property after death and without the executor’s permission or knowledge, the executor can “claw back” that property, and the court can penalize the person who took it in an amount three times the value of the property. 

After a person dies, it is critical to communicate the process for handling personal property to the family and to secure the property, preferably with an alarm and cameras if budget allows. It is very common that vacant homes are vandalized or burglarized, which causes great expense to the estate and difficulty for the executor.