QUESTION
Is it legal to have the locks changed on her house to prevent any siblings from entering and taking things without my knowledge?
Asked on Sep 22nd, 2013 on Estate Planning - Nebraska
More details to this question:
My mother has passed away. I live out of state but is executor of her will. Is it legal to have the locks changed on her house to prevent any siblings from entering and taking things without my knowledge? This is until such time I can get down there to take inventory of the house and clean it out.
15 ANSWERS
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You have an obligation as executor to preserve your mother's assets. I often suggest to clients in similar situations to change locks.
Answered on Sep 27th, 2013 at 3:49 AM
Corporate/Business Attorney serving Beachwood, OH
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Christine Sabio Socrates Attorney at Law
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You can if you feel it is necessary to protect he assets of the estate. You must also make sure that you are taking the property measures to keep up with the property since you are out of town.
Answered on Sep 26th, 2013 at 9:11 AM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Yes. First, petition to be named personal representative (my answer is for Oregon; in Oregon, we use the term "personal representative.") In Oregon, steps you take before being appointed by the Court are ratified once you get appointed. Securing the house should be an uncontroversial step.
Answered on Sep 26th, 2013 at 5:08 AM
Yes, it is in your powers as an emergency to prevent thief and vandalism, but since she owned a house you will probably have to go through probate and be appointed the administrator to take any real action.
Answered on Sep 26th, 2013 at 4:54 AM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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If you have been *appointed* Personal representative by the court, then yes, you can certainly do this. If you have only been *nominated* personal representative in the Will, then you have no actual legal authority, at this time.
Answered on Sep 25th, 2013 at 1:11 PM
Thomas Edward Gates
You may secure as best as you can, so that the property will be protected.
Answered on Sep 25th, 2013 at 12:52 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Are you the official court appointed executor or administrator of the estate? If yes, then your duty is to martial the assets, inventory them, for future distribution, and yes you would lock the premise to secure the property. Be sure you have fire insurance on the property and maybe liability insurance in case a stranger comes on the property and gets hurt. So change the locks, and get moving on the estate; your waiting to get down there, wherever there is, is not a sufficient excuse. Take care of this now.
Answered on Sep 25th, 2013 at 12:52 PM
You should certainly change the locks as soon as you are legally appointed executor of the estate.
Answered on Sep 25th, 2013 at 12:51 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Yes, you are responsible for the estate's assets.
Answered on Sep 25th, 2013 at 11:54 AM
Yes, but you have to be appointed by the local probate court to have authority to do it.
Answered on Sep 25th, 2013 at 11:52 AM
If you are the executor, you probably have the authority to safeguard all of the estate's assets. You could change the locks and tell everyone to wait until you can make an inventory and organize everything.
Answered on Sep 25th, 2013 at 10:41 AM
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You have the obligation to secure the house so no it is not illegal. That said, you will likely upset your siblings. You may want to have a conversation with all of them, ask them to make a list of the things they want to circulate among each other and try to keep it civil.
Answered on Sep 25th, 2013 at 10:27 AM
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Sure, if you have been appointed by the court and no one was living there at the time. If someone was, then you need to evict them (assuming there is no lease agreement) before you can change the locks. You probably should seek legal counsel where your mother lives to assist you with the probate and issues associated with the home. 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 Sep 25th, 2013 at 9:44 AM
Yes, it is not only legal, but advisable for the executor to take this action.
Answered on Sep 25th, 2013 at 9:43 AM
Yes, it is legal and is done often to protect the assets of an estate. As executor, you have an obligation to make sure that the estate remains intact, even from your own siblings.
Answered on Sep 25th, 2013 at 9:28 AM