QUESTION

Can the executor change the locks of a house if it was not written in the will?

Asked on Aug 22nd, 2013 on Estate Planning - New York
More details to this question:
My mother died 4 years ago and my father died suddenly in June of this year. I have one older sister and one younger sister. My older sister’s husband is executor of the will per requested by both parents in the will. There is no dispute in most of this other than he took it upon his self to change the locks on the house the day after Dad died and won’t allow anyone except his wife in the house unless he is there. He swept the house and gathered any money and medicines. He supposedly split the money between the three of us and gave some of the meds to my younger sister and her husband. He (the executor) and my sister live 6 hours away so no one can go in the house. Before my mom died they changed the locks on the house and only gave me a key because I was the only one helping them as they became ill. There is no mention of changing locks or keeping my sister and me out in the will. My brother-in-law says he is doing what my Dad wanted. I don't believe it but don't know what to do. Can you offer any suggestions? Can he do this without it being in the will?
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12 ANSWERS

The executor of the estate has to preserve the assets of the estate. Also, he has to file an inventory of property of the estate. You have the right to get a copy of he inventory and to challenge it in court.
Answered on Aug 27th, 2013 at 1:06 PM

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Accident Attorney serving Lagrangeville, NY at Marco Caviglia, Esq.
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An executor has a personal fiduciary obligation to carry out the wishes of the testator, and is responsible for marshaling the assets of the estate, among many other obligations. He has a right to secure any of the estate assets, which in the case of the house and its contents, might mean locking it up if others want to get in there when he is not there for obvious reasons. Presumably, the house has been put up for sale for division of the proceeds as the will may devise. If you have continued or other concerns, you should consult with a probate attorney in your location.
Answered on Aug 26th, 2013 at 10:57 AM

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Business Law Attorney serving Portland, OR
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It is the Executor's job to make sure the property is safe and secure. That is a good reason to keep it locked up. If you want more access, I would start with talking to the Executor about what you want to do.
Answered on Aug 26th, 2013 at 9:39 AM

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Probate Attorney serving Las Vegas, NV
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The executor should change the locks if others have access to the home. He may be responsible for loss or damage. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Aug 26th, 2013 at 9:36 AM

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The personal representative, upon appointment by the court, is to take possession of all of the property of the estate. He is to keep the property safe and secure, so, yes, changing the locks is probably unnecessary but it's not wrong. He should have given you notice of the beginning of probate, and 60 days after appointment should give you an Inventory of the assets of the estate. A year later he will owe you an account of what has happened to those assets. Giving Dad's medicines to family members may be illegal, is certainly irresponsible. The personal representative has primarily responsibility, rather than rights. He is a fiduciary for your Dad's creditors, and the devise's named in the will.
Answered on Aug 26th, 2013 at 9:30 AM

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Edwin K. Niles
Sounds as if he is doing everything he can to protect the estate and those interested in the estate.
Answered on Aug 26th, 2013 at 9:07 AM

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Probate Attorney serving Roseville, CA
Partner at James Law Group
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The issues you are addressing are minor. You need to focus on the big picture and could use the counsel of an attorney for that (see 15 minute lawyer.com for low cost legal advise). Has your brother in law been appointed executor by the court? If not, he has no legal authority to do anything. In addition it sounds like, since the house is empty, it needs to be sold and the proceeds distributed. What is being done to make that happen?
Answered on Aug 26th, 2013 at 8:53 AM

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Trusts Attorney serving Sacramento, CA at Law Office of Victor Waid
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You should obtain the services of a probate litigation attorney. The executor does have a duty to gather and protect the assets. If you were left out of the will, you may file a petition to be determined as an heir to receive benefits as an heir.
Answered on Aug 24th, 2013 at 10:04 AM

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Taxation Law Attorney serving Glendale, CA at Irsfeld, Irsfeld & Younger LLP
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Your bro-in-law is not executor until appointed by a court. By now he should have filed a petition for probate and you should have gotten notice. Fr died in June. It is his job to marshal the assets. What reason do you have for entrance into the house, other than to take things? If you have a valid reason, then explain it and arrange to go there for the legitimate purposes.
Answered on Aug 23rd, 2013 at 1:58 PM

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Estate Planning Attorney serving Spanish Fork, UT at Prigmore Law
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Executors have the responsibility of protecting and properly distributing the estate of the deceased. As a beneficiary, you have the right to see the testamentary documents that include you. Demand a copy of the will, trust, and any other gifting documents. If the Executor refuses, tell them you can sue and get them without much difficulty. Executors also have the responsibility to prepare an accounting of the estate, so if he has been making equal distributions, he should be able to show what the entire estate included. Finally, if you doubt the Executor's statements and actions, you may have to sue to find out the truth. Unfortunately, this can be very stressful and expensive, so you may not want to start any action until you are sure there is a problem. Locking the house is not automatically a breach of an Executor's duties. Timing is important. It is best to demand that all beneficiaries be allowed to review the contents of the home prior to the executor's "Sweep" of the house removing valuables. It sounds like you are too late to do that. You can still demand that he escort you around the home to see what is still there. Sometimes simply retaining an attorney who will write a letter to the executor demanding an accounting and threatening suit if he fails to disclose the contents of the estate will be enough to keep things in order. Please note: Prescription medications should be destroyed, not passed on to heirs for non prescription use. This is both the law and common sense. There is no known right to inheritance of prescription medications.
Answered on Aug 23rd, 2013 at 11:32 AM

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Business Planning Attorney serving Livonia, MI at Frederick & Frederick Attorneys at Law
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The Personal Representative has the right to change the locks and limit or prevent access to the property. In fact, he is *required* to secure the assets and safeguard them. So he acted wisely in doing this, knowing that others had keys. If he had not done this and someone had gone in and removed items, HE could potentially be liable for this. It sounds like he is doing everything properly, at this point. He has a job to do that your parents entrusted him with.
Answered on Aug 23rd, 2013 at 11:19 AM

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Estate Planning Attorney serving New York, NY
1 Award
Changing the locks would not be something that would not be a specific power in the will. He as Executor is charged with protecting the estate assets. It sounds to me like he is using the title of Executor to control you and this is common. He should allow you inside, but can legally change the lock, unless you were living there. If you have personal property there, advise him in writing ASAP and make a demand for it. Good luck.
Answered on Aug 23rd, 2013 at 10:59 AM

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