My sister-in-law emptied my late mother-in-law’s home. How do we stop our family from pillaging her estate?

January 30, 2023

The death of a family member can often create conflict. Farrell Fritz Trusts & Estates Partner Azi Baer was recently quoted on a challenging situation in the MarketWatch column, “The Moneyist.” The article, “My sister-in-law emptied my late mother-in-law’s home. How do we stop our family from pillaging her estate?” reviews a complicated family fact pattern and some thoughts on how to resolve the situation.

The executor has a lot of power in overseeing a person’s estate. “Assuming the house was owned in your mother-in-law’s individual name, the executor is the only one who has the legal authority to access the home and its contents,” said Azriel J. Baer, a trusts and estate attorney with Farrell Fritz. “If the house was owned jointly with rights of survivorship, the surviving joint tenant would have the right to the property.”

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