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RayAnswers, Attorney
Category: Estate Law
Satisfied Customers: 36937
Experience:  Texas lawyer for 30 years in Estate law
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There is an estate whose value will be divided equally among

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There is an estate whose value will be divided equally among five siblings. I have been told I should not remove anything without permission of the executor. It seems like anything that I have purchased is mine to remove at any time. I think it is a misunderstanding on my part, due to the wording of the e-mail instructions. I only want it to be unambiguous, and know that I am free to remove my belongins.

Thanks for your question and good morning.

You do have a right herre to items that belong to you.I suggest you write the judge here setting out that the executor has refused to allow you the items that belong to you.You may ask the judge here for a hearing on the matter.You would copy the executor and lawyer for the estate if there is one.

You would call the probate court where this is pending to get the judge's address.As an heir you have the right to bring this to the attention fo the court.There is no reason why the executor cannot meet you at the house and allow you to remove your personal possessions.

Here is a sample letter form for you..

Honorable Judge XXXXX XXXXX
Address

Re: Case No.1234 Estate of ..

Dear Judge Smith ,

I am writing you concerning removal of my personal possessions in the property locatedXXXXX which was the property of the deceased.I am a heir to the estate and I have made multiple attempts to obtain access from the executor, (name) without success.I am asking for a hearing on this matter and court ordered access to remove my possessions.These are items that belonged to me that were on the premises at the time of the death of...They are not part of the estate here at all.Please set this matter for hearing so that the court can hear my request and issue necessary orders of access to the property.

.

Sincerely Yours,

 

 

 

Something like this to request a hearing for orders to allow you access to your stuff.Feel free to modify this to your facts.

 

 

It has been my pleasure to assist you today.Please let me know if you have more follow up.Thanks again..

 

 

 

 

 

 

 

Customer: replied 3 years ago.

As I say, I think it is diffulty understanding from my point of view. The executor has not excluded me from the property, I live here. I only want to know that the items here which I have purchased can be removed at any time, without a question of illegality. By the way, I don't know what copying the judge or executor is.

You would write the judge a letter here if the executor will not allow you to remove your stuff.You would send a copy of the letter to the executor here. I mean if you have access to the home you have a right to the stuff thats yours.The executor has no legal basis to deny you your personal possessions.If necessary write the judge and ask for a hearing if there is disagreement with the executor.Legally its your stuff not part of the estate.

 

If necessary the probate judge would order the executor to give you the right to remove your personal possessions.

 

Thanks for letting me clarify.

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