My grandmother just died, and I discovered my cousin had the safe deposit box emptied the week before. What can I do?

For example, say Hannah discovered her cousin Olivia cleared out her grandmother’s safe deposit box the week before the family matriarch’s death. Now, Hannah is left wondering what was in the box and what her rights are. Fortunately, experts say that Hannah has legal options.

Did Olivia have the right to clear out the safe deposit box?

Olivia may have acted improperly, but strict rules govern these situations for good reason.

“One important issue is whether the grandmother’s last will and testament may have been in the safe deposit box,” Asher Rubinstein, partner at Gallet Dreyer & Berkey, LLP, told Moneywise. “A court usually must approve access to a safe deposit box so that the contents are preserved, and someone like the cousin wouldn’t be able to walk away with them.”

That’s not what happened because Olivia ensured it wasn’t.

“The timing of the safe deposit box being emptied raises some important questions,” Fred Taylor, an elder law attorney and founder of Bush & Taylor, told Moneywise. “Was it done with your grandmother’s permission? Was anything in the box supposed to pass to the estate or to specific heirs?”

Those questions must be answered because Olivia may have violated the law.

“If it’s determined that your grandmother was incapacitated before her death and your cousin took the items from the safe deposit box during that time without proper authority, that would certainly raise the kind of financial exploitation concern elder law attorneys investigate,” Taylor said.

Of course, access to safe deposit boxes is restricted, but even if Olivia had a key, this doesn’t mean she acted appropriately.

“Her ability to access the box doesn’t establish ownership of its contents,” Scott Rahn, a probate attorney and founding partner of RMO, LLP, told Moneywise. “State law determines who may access a box and what probate procedures must be followed. But no state treats mere access as automatic ownership.”

Olivia’s actions may have gone beyond tampering with the estate. She potentially violated criminal law. Rubinstein said if Hannah is a beneficiary of her grandmother’s estate, “she may have a valid claim that the cousin’s emptying of the safe deposit box was a criminal act.”

What can Hannah do about it?

Since Olivia’s behavior was questionable at best and illegal at worst, Hannah has plenty of options.

“Depending on the evidence and applicable state law, the estate or beneficiaries may seek an emergency injunction, an accounting, return of the property, damages, and, in an appropriate case, financial elder abuse, theft, or fraud remedies,” Rahn said.

Rubinstein recommended that Hannah “go to court and begin a proceeding based on a third party holding assets belonging to the grandmother’s estate,” as “the cousin should have inventoried the contents of the safe deposit box in the presence of a bank employee.” He believes “the fact that the cousin didn’t do this suggests that she acted secretly and improperly.”