QUESTION

Who is allowed to enter a deceased person's home immediately following their death if there is no will?

Asked on Sep 24th, 2016 on Estate Planning - New York
More details to this question:
My father recently passed away and I and my family believe he made no will. I have two other siblings who live in another state. I am the only child of my father's that lives in the same state as him. I have hired an estate attorney and recently applied through the surrogate’s court to become the administrator of his estate but have not actually been appointed as the administrator of his estate yet. I have the key to his house. Although, I had to enter the house through a window the day he died because I have very recently lost my copy of my key. My two siblings whom live in a different state want the keys to his house. My lawyer told me to not give my siblings the keys to his house but I do not understand why the lawyer is instructing me not to give them the keys. My sisters are threatening to sue me and press criminal charges against me for not giving them copies of the keys. My siblings tell me that they have just has much right to my father's house keys as I do, so I don't know why my lawyers told me not to give them the keys. I actually never told my siblings they can't go into the house. I only told them they can't have the key because that is what my lawyer said. Additionally, the attorneys needed documents that belonged to my father in order to determine an estimate of his estate so we could have me apply to the surrogate court to become the administrator of his estate. I left all of these documents locked in a vault at my lawyer’s office because I was afraid my siblings might steal these papers from my father's house. I was unsure how to handle all of this so I gave all my father's keys along with his wallet and all of his papers with any personal information to my lawyer to hold onto, which is currently locked in a vault at the law office. My lawyer also gave me a letter to give to my siblings stating that he has locked these items away in a vault at the law firm, so now I do not have access to my father's home.
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1 ANSWER

Real Estate Attorney serving Garden City, NY at Law Offices of Hein, Waters and Klein
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Follow your lawyer's advice. Once you are appointed Administrator of your Father's estate you will be in charge, but also responsible for handling the estate.
Answered on Oct 20th, 2016 at 6:56 AM

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