Does she have the right to lock out everyone before the will is probated? 17 Answers as of June 16, 2014

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.

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James T. Weiner & Associates, P.C.
James T. Weiner & Associates, P.C. | James T. Weiner
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.
Answer Applies to: Michigan
Replied: 6/16/2014
Stephens Gourley & Bywater | David A. Stephens
Unless she is on the deed she cannot exclude you from your Mother's home.
Answer Applies to: Nevada
Replied: 6/12/2014
Law Office of Patricia A. Simmons
Law Office of Patricia A. Simmons | Patrica A Simmons
The court appointed executor has the authority to marshal the assets. Until the estate is probated and the house passes to the sister, the executor has authority over the estate assets. The proposed executor needs to contact an attorney to begin the probate process.
Answer Applies to: California
Replied: 6/11/2014
Sebby Law Office
Sebby Law Office | Jayne Sebby
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.
Answer Applies to: Nebraska
Replied: 6/11/2014
Law Ofices of Edwin K. Niles | Edwin K. Niles
It is the executor's job (not the tenant) to protect assets. Talk to that person.
Answer Applies to: California
Replied: 6/11/2014
    Danville Law Group | Scott Jordan
    I would need more information to properly advise you. However, "she" probably does not have the right to change the locks on the house. The only person who has that right is the person that the court appoints as administrator of the estate. You will need to file a probate in order to transfer title to the house.
    Answer Applies to: California
    Replied: 6/11/2014
    Law Office Of Victor Waid
    Law Office Of Victor Waid | Victor Waid
    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.
    Answer Applies to: California
    Replied: 6/11/2014
    Minor, Bandonis and Haggerty, P.C.
    Minor, Bandonis and Haggerty, P.C. | Brian Haggerty
    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.
    Answer Applies to: Oregon
    Replied: 6/11/2014
    Gates' Law, PLLC | Thomas E. 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.
    Answer Applies to: Washington
    Replied: 6/11/2014
    Frederick & Frederick PLC | James P Frederick
    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.
    Answer Applies to: Michigan
    Replied: 6/11/2014
    Kirby G. Moss PC | Kirby G. Moss
    The executor once appointed could have the sheriff assist in gaining entrance to the house.
    Answer Applies to: Indiana
    Replied: 6/11/2014
    James Law Group
    James Law Group | Christine James
    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.
    Answer Applies to: California
    Replied: 6/11/2014
    Busson & Sikorski, PC | Robert S. Sikorski
    If the Will is not contested, a discovery proceeding might be brought to gen an inventory of the assets in the house, but who is the executor? Why does not the executor act, the executor as Preliminary Executor can bring a discovery proceeding.
    Answer Applies to: New York
    Replied: 6/11/2014
    Law Offices of Robert H. Glorch | Jeffrey R. Gottlieb
    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.
    Answer Applies to: Illinois
    Replied: 6/11/2014
    Ashcraft & Ashcraft, Ltd.
    Ashcraft & Ashcraft, Ltd. | Randall C. Romei
    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.
    Answer Applies to: Illinois
    Replied: 6/11/2014
    Law Office of Pamela Braynon | Pamela Y. Braynon
    Either of the seven children can begin the probate process in the circuit court in the county where your mother passed away or lived. To go into probate court, however, it is necessary for you to retain an attorney. The attorney will know what to do to allow the personal representative to enter the property to be able to follow the instructions in the will, including getting a court order to be able to enter the property.
    Answer Applies to: Florida
    Replied: 6/11/2014
    Russell & Heffner, LLC | Lawrence E. Heffner, Jr.
    If the home was not titled jointly with right of survivorship between mother and daughter the home becomes an asset of the estate until it is distributed. The personal representative may need to petition the Orphan's Court to grant an Order for access the home to inventory and take possession of the personal property belonging to the estate if the daughter will not grant access.
    Answer Applies to: Maryland
    Replied: 6/11/2014
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