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socrateaser, Attorney
Category: Estate Law
Satisfied Customers: 37860
Experience:  Retired (mostly)
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My Husband is the trustee of my father in laws estate witch

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My Husband is the trustee of my father in laws estate witch is property. My sister in law talked him into a deed of transfer with both there names. we are selling this but she wants to put it up now which we did How ever We have been living here for 6 years taking care of the dad or I did. Now she is not giving us time to get it to getter to find a place to live we did every thing we could to please her. but now her name is XXXXX XXXXX in common with my husbands she thinks she can just do what ever. its been 3 1/2 months since he died. We got a realitor she didn't like her. so she got not mad and now it trying to tell us we have to give her keys to this house. she is causing so much trouble over just a house my husband has already giving her half what money he had. I have spent my whole married life taking care of his mom and dad, We don't know what her problem is we were selling and splitting right down the middle and that would be that, what can we do we legally have to give her keys to this place as long as we are still living her.

You do not have to provide the keys to your sister-in-law (SIL). However, your SIL could simply have a locksmith make a key. At which point, you could have a different locksmith change the locks to prevent your SIL from obtaining access. It would be a continuous merry-go-round, until one of you asked the court to make orders concerning the use of the property pending sale.

The cost of this little bit of litigation could actually require thousands in legal expenses. So, it would be cheaper to try to work out a negotiated settlement. Unfortunately, giving your SIL a deed was a huge error -- but the damage is done. So, you can simply refuse to provide a key, and keep rekeying the locks if your SIL tries gain access, and in the meantime, make every effort to have the property listed for sale, so that if the matter does end up in court, you will be able to show the court that you are not the ones who are slowing down the sales process -- which will help you get an order granting you exclusive possession of the property prior to final sale.

Hope this helps.
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