QUESTION
Can the oldest sibling (executor of the estate) forbid the other 4 to enter and threaten to change locks?
Asked on Jul 08th, 2013 on Estate Planning - Utah
More details to this question:
My mother passed away two months ago. All 5 of her children's names are on the deed to the house. Can the oldest sibling (executor of the estate) forbid the other 4 to enter and threaten to change locks? (House is being sold and we were all fixing it up. Was a disagreement on what gets fixed next?) Thanks.
13 ANSWERS
The executor is merely the person named in the Will and has basically no power except in an emergency situation. The court will appoint an administrator, who often is the executor, when then has power to fix the house in a reasonable fashion. None of the heirs nor the executor,have a right to live in the house until it is distributed to them. You need to force her to file the Will for probate and consider if you want her as administrator. You have to file for probate in order to be able to change title to e able to sell the property.
Answered on Jul 10th, 2013 at 10:28 PM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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Executor may restrict access, change locks, etc. That is his job.
Answered on Jul 10th, 2013 at 2:53 PM
No, one person cannot exclude the others. I suggest you go to mediation to work out your issues.
Answered on Jul 10th, 2013 at 2:52 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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If all of you are owners of the house, then who is personal representative (not "executor" are you sure this is in Oregon?) does not matter, the house is not in the probate estate. So, no, your brother can't forbid you to enter the house. However, you cannot cause a breach of the peace entering.
Answered on Jul 10th, 2013 at 2:52 PM
Thomas Edward Gates
At this stage, the estate is the owner of the home. As Executor she has a duty to protect the assets. Hence, technically she can forbid entry. This said, if all of the siblings are fixing the house up for sale. It would appear to be self defeating, since the better shape the house is in for sale, the better the return on the sell price. The "locked out" siblings can refuse to assist in the home improvements as leverage.
Answered on Jul 10th, 2013 at 2:51 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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It SOUNDS like the answer to your question is no. Under your facts, you say that your names are already on the deed. If that is the case, then you ALL have equal rights in the house and it is not part of the estate. You do not say whether an estate has been opened yet or not. If there is no estate, then there is no executor. An executor is only appointed by the court, once an estate is open. The executor only has control over probate assets. It sounds like the house is not a probate asset. If your sibling takes improper action, such as changing locks, you may have a legal claim against him. You would need a lawyer to pursue this. Hopefully, that will not be necessary.
Answered on Jul 10th, 2013 at 2:51 PM
If the property is owned by your Mother's estate, then yes. Otherwise, no. If you can't solve this together as a family, then you need to visit with an attorney who specializes in estate matters.
Answered on Jul 10th, 2013 at 2:50 PM
2 Awards
If the executor has been appointed by the court he/she has legal authority to make decisions regarding the house. If no formal appointment has been made, he/she does not. It is nice that you all were working together but in the event of disagreement, the APPOINTED executor's decision controls.
Answered on Jul 10th, 2013 at 11:02 AM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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No, because the house does not belong to the estate, it belongs to the five of you.
Answered on Jul 10th, 2013 at 11:02 AM
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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The executor is responsible for preserving the assets of the estate. I would tell the sibling that if you don't all agree when to go in to work on the house, you will file a motion with the probate court to get involved.
Answered on Jul 10th, 2013 at 10:06 AM
The executor of an estate has a legal responsibility for the estate's assets and has final say on how the assets are cared for, including what repairs are done to sale. If you and your siblings can't agree on how to proceed, the executor can exclude all of you and prepare the house for sale by his or herself.
Answered on Jul 10th, 2013 at 9:58 AM
Business Law Attorney serving Livonia, MI
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Gerald A. Bagazinski
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You need to find someone to mediate this dispute. The market is hot. I would be inclined to put it on the market.
Answered on Jul 10th, 2013 at 9:57 AM
Business Attorney serving Orem, UT
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Kirton & McConkie A Professional Corporation
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The executor of the estate has the authority to change the locks, and has a fiduciary duty to protect the property of the estate. If this person is the only executor of the estate, actions like this would be proper with respect to assets of the estate. However, if all five of her children are named on the deed, this is not an asset of the estate and changing the locks would be inappropriate. You own 1/5 and are entitled to your share.
Answered on Jul 10th, 2013 at 9:10 AM