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Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 33743
Experience:  15 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
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Can expensive items be taken from the estate, home, before

Customer Question

Can expensive items be taken from the estate, home, before it goes to probate?
JA: Because real estate law varies from place to place, can you tell me what state this is in?
Customer: Missouri
JA: Has anything been filed or reported?
Customer: Not yet
JA: Anything else you want the lawyer to know before I connect you?
Customer: My cousin took 6/12 guns, I don't know because he won't tell us. from my uncle's house. His brother has started probate proceedures but it has not gone to court yet. I have asked many times just for a list and where they are but he won't tell us. I want to know if this is legal. He is the only one who has a key to the house. This side of the family has a track record of not be truthful or trustworthy.
Submitted: 24 days ago.
Category: Legal
Expert:  Barrister replied 24 days ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply,but rest assured, I am working on your question.

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Can expensive items be taken from the estate, home, before it goes to probate?

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No, that is legally theft and the executor of the estate can ask the judge to order the person to return them to the estate under threat of contempt of court and jail time..

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So if the brother is the executor, once he is appointed, he has a legal duty to protect estate assets and go after his brother to reclaim them for the estate.

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thanks

Barrister