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John Elder
John Elder, Estate & Elder Law
Category: Estate Law
Satisfied Customers: 4631
Experience:  Over 14 years experience in Medicaid, Estates, Trust.
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i have a question concerning my fathers will. My younger brother

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i have a question concerning my fathers will. My younger brother is executor of the will and everything is suppose to be divided equally between my three brothers and me including the house. My two older brothers live in my dads home and have changed the locks and I was not told until I tried to get in house to put something there. Is it ok for them to change locks and not provide me with a key? Also, how can i be assure that i will get what my parents wanted me to have?
Welcome! Thank you for your question.

It is not legal for them to change the locks and prevent your entry. Your younger brother is the authorized representative and should be in control of the house and contents. He needs to qualify as executor with the probate court. Once qualified as executor then your younger brother can (and should) force your older siblings out to secure the home.

If your younger brother refuses to secure the home and other assets then he is in breach of his fiduciary duty as executor. You can petition the probate court to remove him as executor. Please note that the court will have to appoint the named successor executor as the new executor if he is removed. You may find that you get an executor that could be worse if the successor executor is not someone you like.

I cannot provide you with legal advise. I have provided you with information about the law related to your question. My answer, and any information that you find online, should not take the place of having a consultation with a lawyer in your area to advise you regarding your specific issues.

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Thank you,

John

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