QUESTION
Does she have the right to lock out everyone before the will is probated?
Asked on Jun 10th, 2014 on Estate Planning - Illinois
More details to this question:
Days after the mothers death of their mother, the daughter that lives with her changed the locks on the house and refuses to let the other six children in to look at the contents. She is not the executor but is willed the house but the contents are to be divided equally between the seven children.
10 ANSWERS
Business Law Attorney serving Bingham Farms, MI
at
James T. Weiner, P.C.
Update Your Profile
No she does not have the right.. the personal representative/executor of the estate has the right.. if there is not one yet.. someone other than her needs to contact an attorney and file.
Answered on Jun 16th, 2014 at 10:51 AM
Probate Attorney serving Newport, OR
at
Minor, Bandonis & Haggerty P.C.
Update Your Profile
Get probate started, now. The personal representative will then have control over the house and contents, can petition the court for access if that's needed. Do this NOW, as valuables are disappearing even as we speak.
Answered on Jun 11th, 2014 at 6:36 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
Update Your Profile
File a petition into probate to obtain an order compelling her to allow you and your siblings to inspect the personal property. Is this case in probate now? If not you may want to file as an administrator of the estate to obtain the control you seek and get paid for your efforts.
Answered on Jun 11th, 2014 at 6:26 PM
Edwin K. Niles
It is the executor's job (not the tenant) to protect assets. Talk to that person.
Answered on Jun 11th, 2014 at 4:10 PM
As soon as the executor of the estate is named, he or she can demand entry to the house in order to inventory the contents. The daughter can temporarily prevent others from entering on the grounds of "protecting" the assets of the estate. However, she can not remove, sell, give away, throw away, etc. any of the mother's possessions or property during that time.
Answered on Jun 11th, 2014 at 4:06 PM
Thomas Edward Gates
She is not allowed to lock the other siblings out of the house. The house belongs to the estate and not her. If she wishes to remain in the house, she will have to pay rent to cover the insurance, property tax, insurance and maintenance. Once the executor has been appointed by the court, s/he can start unlawful detainer action against her to get her removed from the house.
Answered on Jun 11th, 2014 at 10:42 AM
Business Planning Attorney serving Livonia, MI
at
Frederick & Frederick Attorneys at Law
Update Your Profile
The only way around this is to have a Personal Representative appointed by the court. The PR is the only legally authorized person to take possession of estate assets. If there are no other probate assets, aside from the personal items, then I would try to get your sister to play fair. It is not worth having a lawsuit over personal items, in most cases.
Answered on Jun 11th, 2014 at 10:37 AM
2 Awards
No she is not allowed to change the locks. The named executor needs to get appointed by the court ASAP and get into the property to retrieve the contents.
Answered on Jun 11th, 2014 at 9:16 AM
Probate Attorney serving Palatine, IL
at
Law Offices of Robert H. Glorch
Update Your Profile
The executor-designate should probably have access to inventory the contents. Try to work something out with limited access to inventory by executor. Best bet is to get the executor appointed as soon as possible.
Answered on Jun 11th, 2014 at 8:48 AM
Commercial Attorney serving Chicago, IL
at
Ashcraft & Ashcraft, Ltd.
Update Your Profile
If the title to the house was only in the name of the decedent then the estate owns the house and the legatee (the daughter) only gains title by means of a deed from the executor to her. The executor must be able to execute the terms of the will and has the right to access to the estate asset. If the claims against the estate are large enough the house may have to be sold to pay off the creditor claims. Once the estate is opened the executor can use the probate proceeding to force access to the house and the distribution of the personal property in accord with the terms of the will.
Answered on Jun 11th, 2014 at 8:37 AM