How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask ScottyMacEsq Your Own Question
ScottyMacEsq
ScottyMacEsq, Attorney
Category: Estate Law
Satisfied Customers: 16149
Experience:  Licensed Texas General Practice Attorney
19487448
Type Your Estate Law Question Here...
ScottyMacEsq is online now
A new question is answered every 9 seconds

Is it legal to lockout a 50% heir from an estate with a will

Customer Question

is it legal to lockout a 50% heir from an estate with a will from the deceased house
Submitted: 1 year ago.
Category: Estate Law
Expert:  ScottyMacEsq replied 1 year ago.
Thank you for using JustAnswer. I'm sorry to hear about your situation. Legally speaking, yes, the executor does have this discretion. Now it's subject to being challenged in court by you (seeking to remove the executor from his/her position of his/her actions were unreasonable under the circumstances). But legally speaking the executor is "standing in the place of" the deceased individual, and as such has control over the assets and responsibility for the debts of the deceased individual. Now the executor also has a "fiduciary duty" to beneficiaries of the estate. That means that he/she can't "self deal" or otherwise benefit from the estate at your expense, and if he/she were to do so, that would be a clear way to get that person removed from being executor. Until then, however, the executor can still lock you (and anyone else) out of the property. I know this is probably not what you wanted to hear, but it is the law. I hope that clears things up anyway. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (good or better). Thank you, ***** ***** luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)
Expert:  ScottyMacEsq replied 1 year ago.
Should I continue to await your response, or may I assist the other customers that are waiting?
Expert:  ScottyMacEsq replied 1 year ago.
My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.
Customer: replied 1 year ago.
The card that I used thought justanswer had the possibility of fraud so that the 2nd charge of $41. was not paid until I cleared the fraud stop. Just answer did not clear me for reentry still after 15 minutes. That is why you waited and I did not respond. Thank you for your answer which I came back to read in its entirety now. The part I could read was satisfactory. The estate is being handled by the estate attorney of my father, with my sister as executor. I have much to consider..
Expert:  ScottyMacEsq replied 1 year ago.
Understood. Thank you. Please rate this answer, as I do not get credit for the time and effort spent on answering the question unless and until you do rate it.
Expert:  ScottyMacEsq replied 1 year ago.
I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!
Expert:  ScottyMacEsq replied 1 year ago.
Did you have any other questions before you rate this answer?
Expert:  ScottyMacEsq replied 1 year ago.
Hello?