[starlight1982]

My husband recently dies. We are separated but not legally. Can someone else come in and take everything out of his house without noifiting me? This person is not related to him, but was a care giver in the last two months of his life.

[ebaines]

Probably not, but it depends. Has anyone been appointed executor of the estate yet? That person is responsible for ensuring that your husband's bills are paid, tax return filed (if required) and estate and/or income tax paid, and remaining assets ultimately distributed to the heirs. Is it possible that the executor has allowed this care giver to take possessions from the house in lieu of cash payment for services rendered? I suggest you talk to the executor and find out what's going on.

[starlight1982]

Probably not, but it depends. Has anyone been appointed executor of the estate yet? That person is responsible for ensuring that your husband's bills are paid, tax return filed (if required) and estate and/or income tax paid, and remaining assets ultimately distributed to the heirs. Is it possible that the executor has allowed this care giver to take possessions from teh house in lieu of cash payment for services rendered? I suggest you talk to the executor and find out what's going on.

There is no executor that I know of. She says that she has a bill of sale for everything in the house. I have not seen these bill or been able to track any money because of this sale to her.

[ebaines]

Oh - so she bought everything from your husband before he died? This sounds a bit fishy...

There is indeed an executor - if your husband had a will that person should be named in it. And if he died without a will than the state will have to appoint one. Are there any other relatives involved - i.e. children, siblings, etc?

I suggest you contact a lawyer and ask what you should do to protect your husband's estate, how to go about finding out who the executor is, or having you named as the executor yourself if he died intestate. If he died intestate then you are most likely entitled to all, or at least a significant portion, of his estate - so you need to stay on top of this.

[starlight1982]

Oh - so she bought everything from your husband before he died? This sounds a bit fishy ...

There is indeed an executor - if your husband had a will that person should be named in it. And if he died without a will than the state will have to appoint one. Are there any other relatives involved - i.e. children, siblings, etc?

I suggest you contact a lawyer and ask what you should do to protect your husband's estate, how to go about finding out who the executor is, or having you named as the executor yourself if he died intestate. If he died intestate then you are most likely entitled to all, or at least a significant portion, of his estate - so you need to stay on top of this.

Thank you. He does have two kids but the state took the kids from him six years ago and they were adopt by new families. And one sister and he hasn't talked to her in over twenty years.

[ScottGem]

As EB said you have to go to court IMMEDIATELY to ask that the estate be probated and that you or an impartial party be appointed as executor.

Then you have to demand that this person show you not only the bills of sales, but proof of payment.

If his kids were adopted, then they probably no longer have a claim on his estate. If there was no will, then the sister is entitled to a share so she has to be found.

[cdad]

If you are still married then the estate is yours unless it has been doled out by a will. You're the primary direct beneficiary. You need to have proof provided to you before ANYTHING is taken.

[starlight1982]

I did talk to a lawyer in my area today and he said by law I have to wait 30 days before filing probate. Thank you for your help and advice