My grandmother just died, and I discovered my cousin had the safe deposit box emptied the week before. What can I do?
Moneywise featured Stefanie L. DeMario-Germershausen in coverage examining what families can do when property may have been removed from a loved one’s safe deposit box shortly before death. The article uses a hypothetical situation in which a granddaughter discovers that her cousin emptied their grandmother’s safe deposit box a week before the grandmother died, raising questions about ownership, estate assets, and possible financial exploitation.
DeMario-Germershausen explained that an heir seeking to recover potentially missing property may first need to be appointed executor or administrator of the estate to establish legal standing. From there, the estate can pursue a turnover proceeding to recover property that may have ended up in the wrong hands. She also noted that the person who removed the contents could be required to testify under oath about what was taken and why.
The article further addresses situations involving a power of attorney. DeMario-Germershausen explained that someone acting under that authority owes a duty of loyalty and may be required to account for property removed from the box. If estate property was improperly taken, a court may order its return so it can be distributed according to the deceased person’s wishes.
Angiuli & Gentile LLP continues its work addressing estate and elder law matters affecting individuals and families.
