QUESTION
does executor have right to change locks on paid for home while adult children are living there
Asked on Jan 14th, 2014 on Wills and Probate - New Jersey
More details to this question:
My sister passed away last year-will was written in 2006-did not speak to "friend", executor for over 3 years up to her passing. two adult children-one disabled-other deemed mentally incompetant but has been living in the fully paid for home, maintaining property, paying bills etc.. has now been put out of home with executor having keys to the home- we have been trying to clear things out over the last year,but my sisters belongings are there - many-my nephew is 35 years old, my niece now living in a motel-he never obtained an attorney..is there anything that can be done now to stop this action/
1 ANSWER
2 Awards
You need to file an action in the county in which the will was admitted to probate. Are her two adult children the beneficiaries of the estate? Was any special provision made for them because of their disability? Usually I don't like to answer these questions with the suggestion that someone get a lawyer, but your two nephews are going to need someone to advocate for them. The house should probably be put into some type of Special Needs Trust to protect it. this will be complicated and you should seek the advice of an attorney.
Answered on Jan 15th, 2014 at 3:33 PM
Diana L. Anderson, Certified Elder Law Attorney This response is not legal advice and does not establish any form of attorney/client relationship