What are my rights as an Executor?

Question

I am the executor of my mother's estate. My sister has lifetime rights to the house. She is trying to dictate times I can go to the house to go through mom's possessions to distribute them. Do I have to go only when it suits her?

Mark T. Peters · Answer

Pretty much unless you get a court order to allow you in at a different time.  Wouldn't it just be easier to work with her?

Brian Haggerty · Answer

There is a highly technical answer, which would require more information. The easier answer is, don't fall out with your sister over this. Negotiate. It shouldn't take much time to work through what needs to be distributed, and what will go to an estate sale. Work it out. The other alternative, and I see it all the time, is you and your sister can both lawyer up and spend a ton of money arguing over this issue. That doesn't honor your mom, it doesn't help you or the family.

Dara J. Goldsmith · Answer

You should address this with your probate attorney.  If not clear, seek instruction from the court.  If the probate is still open then you should have reasonable access.  If you have not been appointed by the court, then that is your first step.

Michael McFarland · Answer

Not necessarily, although it is generally best if you and your sister have some mutual respect for each other's needs and convenience.  You should have reasonable access to the house at reasonable times.  If you can't work something out, you could file an action with the court, asking for an order- probably setting a time when you could go into the house and retrieve all of your mom's things at one time, for distribution later.  As executor, you have a duty to perform an inventory of the assets of the estate; but you don't necessarily have the right to spend countless hours in your sister's home sorting through stuff at times inconvenient to her.  If possible, she could put all your mom's stuff in the garage, keeping only what is hers in the house.  Then you could go through it at your own pace, without invading "her" space.

Norman Green · Answer

Within reason, yes.  Check with your lawyer about this.  It is ordinary, and he or she will not charge extra.

Jonathan Shimberg · Answer

It is her house right now. You can not go in when you please.  You may well need a court order  in the probate estate to gain access.

James Weiner · Answer

As executor you have the responsibility to secure all possessions of the estate.. including all your mom's belongings..  Your sister should not be interfering in that process.. so if she does.. you have several choices..File a motion to have her thrown out of the house at least temporarily because she is interfering with administration of the estate Actually worst case you can come in an move everything out of the house into storage assuming it is all your mom's possessions (at estates expense) until you have the time to review it and sort it.

James Frederick · Answer

I would try to work this out with your sister. Since she owns the house, (or at least the right to possess it, for now), there is no practical way of handling this without her cooperation, short of taking it to court. It is not likely worth it for you to do that, on a number of levels.

Christine James · Answer

If she lives in the house, yes.  The next time you go, try to get the most important things that you want so you don't have to continue to go through an unpleasant process over and over again.  Just get it done so you don't have to live with the stress of it all for any longer than necessary.

James Oberholtzer · Answer

It depends on where her lifetime rights to the house come from.  If it was on the Deed, the house is hers to use and she is doing you a favor to store things there.  If it comes through the Will or a trust, her possession is subject to your administration and she has to comply with your reasonable requests.

Jayne Sebby · Answer

You have an obligation to settle your mother's estate.  Apparently your sister has already been granted the right to continue to live in the house.  While she cannot refuse you access to the house or prevent you from completing your obligations, she can set reasonable limits on the times you can have access to the house.  Reasonable does however, not mean that she must always be present before you can come in the house or that the times must be only convenient for her.

Victor Waid · Answer

As the executor,  you have the duty to gather the assets, itemize them for the estate, have them appraised by the estate appraiser, to prevent waste occurring to the assets, pay the estate expenses. The duty includes reasonable access to the assets. If sister does not allow you reasonable access, you will need to petition the court for an order for access. Reasonable access, generally means 8am to 5pm, Monday to Friday. Have the estate attorney draft a letter to her to  set a time for access, before petitioning the court for access, which may include a mediation as to time, and date.

John Brennan · Answer

You would be wise to acquiesce to your sister's limitations as it is her residence, as long as she is reasonable.  If she totally prevents entry you, as an executor, may seek and receive an order to allow your access to and removal of your mother's property.

Kathleen Delacy · Answer

No, as Executor you have the power and the duty to do so in a timely manner.

Ben Liu · Answer

You as the executor should be able to go to the house at a reasonable time to take inventory of the belongings and distribute them according to the will.

Bernard H. Greenberg · Answer

It is obviously better for you to schedule the visit in a cooperative way as it is her place of residence. However, the Court can order her to allow the visit if she refuses to cooperate with you.  You should consult with an attorney specializing in estate matters for further advice.

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