My sister has taken over possession of my dads house who just past away. She is removing valuables from the home that

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Customer: My sister has taken over possession of my dads house who just past away. She is removing valuables from the home that potentially belong to both of us
JA: Estate laws vary by state. What state are you in?
Customer: oregon
JA: What documents or supporting evidence do you have?
Customer: none
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Answered by Courtney S. Esq in 7 mins 2 months ago
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Courtney S. Esq
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Courtney S. Esq
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Courtney S. Esq, Expert

Thank you for submitting your question and allowing me the opportunity to assist you. I am a licensed attorney practicing for 20 years and I am happy to help you. I can provide you general information but in doing so this does not create an attorney client relationship.

You may receive a telephone call prompt. That additional service is automatically offered by the website at an additional fee and not me personally. I am not available by phone so you can disregard the request but I will continue to chat in this thread.

Customer
Ok
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Courtney S. Esq, Expert

Hello, my name is*****’m so sorry for your loss. I’ll do my best to help you navigate your legal options during this difficult time.

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Courtney S. Esq, Expert

Did your dad have a will?

Customer
I don’t believe so or if he did more of a handwritten will
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Courtney S. Esq, Expert

A handwritten will can be legal as long as it is meets the state requirements. What state did he live in?

Customer
This is Oregon.This is the story my dad has had cancer for awhile when he was in the hospital my sister flew in from another state I was out of town at the time. I have heard through other family members that she brought a lawyer to the hospital and had my dad sign a power of attorney and possibly? Some sort of will supposedly leaving her “everything” my dad was on hospital hospice at the time. My dad past away a few days later my sister has since that time changed the locks on his house (I had a key) stolen a lot of cash, coins and collectibles out if the home, has bought a new car and is planning on filling it up with all her stolen things and drive it back to the state where she lives.
Customer
I know I need to file something for the probate court but is there anything that can be done about all the stolen property
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Courtney S. Esq, Expert

I’m so sorry you are facing this right now. If you are there, you can call the police and make a report. They may ask her to leave if she can’t prove ownership and a right to be there. That doesn’t mean that she won’t return, but you could stall what she is doing for a little while at least until you can put it before a judge.

The next thing you will need to do is file a petition to open an estate and have yourself appointed as administrator.  If your sister has a will, she will be forced to produce it. At that point, you can contest the signing of the will if you believe he was incompetent or incapacitated or under her influence at the time.

Customer
Would I have to go to the property with the police
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Courtney S. Esq, Expert

Yes because you are the one making the complaint.

Customer
Is there such a thing as a restraining order or something that can force her to leave the stolen property until a judge can decide
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Courtney S. Esq, Expert

The court would probably not issue a restraining order without additional evidence of who has the right to the property. After the estate is opened, you can file a petition for discovery of assets and the judge can make a determination at that time. Your best bet is to make the police report now.

Customer
Unfortunately most of the assets are cash and coins collection I just feel that it will be difficult to prove what was there after she leaves
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Courtney S. Esq, Expert

Can any of your family members take pictures of her removing everything?

Customer
No
Customer
If I call the police can they search her vehicle for stolen property from the home
Customer
Does changing locks give her a legal right to be there, she has some of her clothes and possessions that she brought with her for the week visit here
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Courtney S. Esq, Expert

Cash will be difficult to prove but make sure you include on the police report all cash, coins and valuables that you knew were in the house that she has taken. You can use that police report in the estate administration.

Customer
She will most likely have the coin collection in her car though
Customer
I believe she has moved some property to a friends house can I call the police on her and request the property back?
Customer
Could the property be held by the police until it can be proven who it belongs to
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Courtney S. Esq, Expert

The police won’t get involved with forcing the return of property.  But they will make her leave the house because she can’t prove she is either a tenant or owns it.

Customer
What about stolen property I believe she has moved locations
Customer
Plus she would most likely just come back and steal what is left and she is the only one that has a key
Customer
I have no right to be at the property either so I can't change the locks
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Courtney S. Esq, Expert

You can make the claim with the police but they will more than likely consider this as a civil matter that needs to be addressed by a probate court.

Customer
Right and it will so not much I can do now to stop her your saying
Customer
The police won't do anything about stolen items off the property or in a vehicle
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Courtney S. Esq, Expert

Unfortunately there isn’t much you can do immediately. But definitely call the police and make the report and see if they will intervene. And then it will be very important that you petition the court to open the state as soon as possible!

Customer
Ok thanks
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Courtney S. Esq, Expert

I’m sorry you are having to deal with this with family.
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Courtney S. Esq, Expert

If you have any other legal questions, you can reach me directly on my profile here - https://www.justanswer.com/law/expert-courtneysesq/?rpt=3800

Thank you for using JustAnswer!

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Courtney S. Esq, Expert

Best wishes for a successful outcome!
Customer
Thanks
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Courtney S. Esq, Expert

You are welcome.
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