Advice-death in the family

[KJM]

CQB, not quite sure how succession law works on Texas but would have to believe that non-heirs cannot just come into a home and start removing items -- it may very well be theft (felony theft at that), let alone a civil issue. Your cousin's estate is a legal entity (i.e. the estate owns the property left after your cousin passed) and the "friend/work partner" if he is the administrator, has the power to order items returned to the estate -- (actually, he would file a motion with the court and ask the judge presiding over the succession to order the return of the items). I would ask the friend/work partner to contact the folks who took the guns and ask for thier return. In Louisiana, we have a doctrine called "seizin" which means that upon a person's death, their estate automatically devolves into ownership of their property -- this protects the rightful heirs from clowns coming over and raiding the home -- once the succession is filed in court, the administrator of the estate can have the court order the return of assets that were illegally taken by people who had no right to them. In fact, the administrator usually has the legal duty/legal obligation to take all necessary action to obtain return of assets to the estate that were wrongfully taken. However, you may be able to suggest criminal charges could be referred to gain compliance by the miscreants. Unless the cousin left a will with specific bequests of those guns to the folks that took them, you would seem to have the superior legal position in this. Since I do not practice law in Texas, you may want to spend 10 minutes visiting with a general practice lawyer in your hometown (who may not charge you anything for the advice) or have the friend/work partner ask the lawyer who filed the succession for advice in this matter. But, based on general legal principles, if you are the next of kin, your rights would trump those of the folks who took the weapons, absent a will bequeathing those items. Hope this gives some general guidance.

Yeah...good luck with that. They were allowed in by whoever this person is who was going to allow the OP in to "take what he wants"....

No one should have been allowed to take anything until it was probated. INCLUDING the OP.

Hard as it may be, I would let it go.

 

[gunlovingirl]

It seems to me that if the person in charge of his affairs gave them permission to take the guns, there's not much you can do about it. Especially if an inventory of what guns there were and who took what was never made. I'm sure they would never admit to what they took. The moochers hadn't been around for all those years, and I expect you won't see them again until the next death in the family. As someone else mentioned, karma will get them. And so will the ultimate Judge. My sympathy for the loss of your family member.

 

[SW CQB 45]

I have some very good advice here. Favorite forum even though I have swayed to 1911s.

I am disgusted with how the scene was NOT handled by the police dept. Its a larger dept and likely their policy on how they left rolls of cash laying around.

I think I will not pursue anything and just let the man upstairs handle it. I really would have like to keep his Colt Govt 38 super but knowing how these moochers are....that gun was sold for cash.

Take care and thanks for your life experiences

 

[ScottieG59]

I wish these things did not happen. Most families go through this. My brother and sister stole my parent's entire household property when my father was too ill to stop them. They also raided their bank accounts. I stepped in to support my parents and, after my father passed away, I support my mother.

It is sad that families become greedy. When my parents property was stolen by my siblings, things I owned were stolen as well.

It is sad that people do not do the honorable things, but people tend to do what they can get away with.

The thing to do is have a will and give some things away while you are alive. My father gave me some of his prized possessions to hold for my oldest son. For years, I have guarded these items for my son. I also got my father's two carry guns, since he kept them near until he passed. My mother made sure I got them.

For the past several years, I support two households and watch every dollar I have. If we relied on my siblings, my mother would have been homeless or not living in the retirement community where her friends are.

There is no simple way to deal with family greed. I chose to set out on my own and leave the family business. Ultimately, it gave me the financial means to ensure my parents could face their golden years well.

As my father was close to passing, I promised him his wife, my mother, would be cared for and he need not worry. He and I knew he had not planned for the future and I wanted him to know all would be fine.

There are no great rewards in what I do. It would be wrong to expect rewards for being honest and honorable. Some things I do simply because they are the right things; often, being honorable and true has to be reward enough.

 

[Colokeb]

At least the Executor is liable for his malfeasance.

He should have a demand that he recover everything.

 

[COL Jagdog]

The executor of the estate disposed of the guns to family members. End of story. Morals and ethics aside, it sounds legit to me.

It is not that simple -- all states have laws that govern handling of assets if there is no will -- and the executor has a fiduciary duty to follow the law and protect the estate and the legitimate heirs -- and the executor is required to file a motion with the court seeking a court order before disposing of assets of the succession -- the executor or executrix (if a woman) cannot simply just give away property as they please without obtaining the court's consent. This not only protects the proper heirs, it protects the executor from being sued for improper disposal of assets of the estate. This is textbook succession law (the procedural aspects may vary a little form state to state.) Usually, executors are also required to file a bond with the court (a surety bond) to protect against illegal acts. The term "collation" is a legal term that refers to having assets returned to the estate if they have been illegally distributed. Giving the guns to the folks that showed up at the house will not pass legal muster, as a general rule of law.

 

[COL Jagdog]

Yeah...good luck with that. They were allowed in by whoever this person is who was going to allow the OP in to "take what he wants"....

No one should have been allowed to take anything until it was probated. INCLUDING the OP.

Hard as it may be, I would let it go.

You may have missed the point of my post -- I specifically mentioned the filing of the succession and obtaining court orders -- that no one should have taken anything and that the executor can have it returned to the estate -- stuff like this happens everday and judges order assets returned to the estate -- every state has cases like this and probate judges issue orders all the time that return illegally taken assets to the estate. "Good luck with that" is not helpful -- spend a little time in probate court and you will find that judges have no sense of humor for folks who "help themselves" to succession assets -- even if an executor allows them to do so -- there was no court order in this circumstance blessing such an action. Also, bear in mind that in every state, the executor is required to file a final accounting and homologation of the property -- which must be approved ("blessed") by the court. One of the main reasons that succession law developed was to prevent these types of things from happening and to provide legal recourse to an aggrieved party.

 

[Ironhand]

Usually, around here, the first person to back the truck up to the house gets the stuff...


It isn't right, but it will often cost more than the stuff's worth to try and get it back.


Sorry for your loss...........

 

[MaximumLawman]

Call the people you refer to as "the moochers" and make them a cash offer for the guns. Simple.

Its definitely a case of theft. removing any of the deceased property like that is theft.

He said right in the original post that the executor said they could have the guns. No prosecutor in any busy counties I know of would touch that one with a ten foot pole.

 

[Kanewpadle]

As a locksmith, I've seen this a hundred times. The absolute first thing that should happen is for the locks to be changed.

Even if you think there won't be a problem do it anyway. I have helped many who learned the hard way after relatives and "friends" ripped them off. They think they are somehow entitled to the deceased property.

To the OP, I would let it go. It ain't worth the hassle. Your memories of this person will have to do.

 

[Sprefix]

Sorry for all you are dealing with. The moochers have come out on top again. Unfortunately, being the kind of people you say they are, they will give you no satisfaction. I think you are left with honoring your friend in your way and letting the other things go. It will cost you time, energy, emotion, and frustration. Take solace in the fact that they will get theirs eventually, if you see it or not. It SUXX!!, but losers are everywhere and they always seem to suck the life out of anyone they can. I just wish the cockroaches would not breed anymore. Best of luck to you in this awful time....................Sprefix