Can the executor of will who is also a beneficiary stop another beneficiary from entering the home that according to the will becomes equally both of theirs.Can the other beneficiary remove the lock to enter?
Thank you for using Just Answer. If you require clarification, please feel free to post a follow up question.The executor is the legal representative of the estate and has the authority to stop a beneficiary from entering the house while it is still titled to the estate. The beneficiary may not change the lock. It would be a criminal act (breaking and entering).
Basically my brother cannot let me into my parents' home even though it is half mine.
By the way the will hasn't been probated yet does that change the situation?
If the will has not been admitted to probate then there is no executor. You should file a petition to open the estate in probate court.Someone needs to be appointed representative of the estate in order to have legal authority to administer the house and change the title. As a next of kin, you have as much right to enter the property as your brother.
So my mother died in NY the apt is in florida and my brother has been unable to probate the will because that is who he is. Now the apt. still belongs to my mother and not the estate because legally there is no estate until probate, so I can have a locksmith let me in.
Yes, go into the apartment, but do open the estate soon. You can not take property from the apartment. If you do, the executor can force you to restore it to the estate when it is eventually probated.
What if I know my brother took property from the apt. already. He claims to have an inventory of everything,
Also can I probate the will or "open it" I gave him the original will from 1981
As an interested party you can file a petition to open the estate. The brother can be forced to produce the will. You will need to provide a valid reason why you should be executor rather than the brother.
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