QUESTION
Can he bar my entry and live rent free while acting as the Personal Representative of the estate?
Asked on Aug 02nd, 2017 on Estate Planning - California
More details to this question:
My mother died leaving my brother and I co-ownership of her home. My brother, the personal representative, moved into the home before his court appointed approval as the personal representative and has changed the locks and is refusing me access to the house. I would like to live in the home too.
1 ANSWER
No, the personal representative is not entitled to benefit from the estate when all heirs are not.Remind him of that and that you could easily petition the court to have him removed for his conflict of interest and behavior and that he must, while controlling it for his own benefit, pay the estate monthly a reasonable rent. Try to be diplomatic as you want to be able to get along if you are living together.
Answered on Oct 12th, 2017 at 1:56 AM