QUESTION

Me and my sister are both beneficiaries of my dad’s will wear a house is concerned which I live in and have lived in she is the executor of this hous

Asked on Jun 03rd, 2018 on Wills and Probate - Georgia
More details to this question:
I have lived in the house with my dad for eight years he’s passed away my sister is the executor of the will which the houses left equally to both of us she does not live here she lives in another state she wants me out of the house and she’s going to change the locks can she call the police and have me arrested I don’t know what my legal rights are because she is executor of this will
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1 ANSWER

Wills Attorney serving Alpharetta, GA
4 Awards
Until your sister has actually offered your father's Will for probate and been formally appointed as the Executor of his estate by the appropriate probate court, she isn't the Executor of anything. First step, then, is to make sure whether that's already happened. Assuming that your father lived in Georgia at the time of his death, you, as one of his heirs, should have received notice that his Will was being offerered for probate and been given a chance to object. If the Will has been admitted to probate and your sister had the Letters Testamentary appointing her as the Executor, then she can take steps to evict you from the house. However, you have rights as a tenant if you were living there prior to your father's death and have not moved out. You need to find an attorney who can help you understand your rights as a tenant (these are separate from your rights as an heir and a beneficiary under the Will) to ensure that you are protected. You may have to move, but your sister shouldn't just be able to change the locks and dump you out of the house without some process. You may also want to hire an experienced probate attorney to help you understand your rights as a beneficiary under the Will. If your sister does not carry out her job correctly, your rights and interests could be damaged. You are entitled to hire someone to help you protect yourself. Best wishes to you and my condolences on the loss of your father.
Answered on Jun 04th, 2018 at 7:24 AM

This answer is being provided as general information and not as legal advice. No attorney-client relationship is created by this answer.

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