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Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 33708
Experience:  15 yrs estate law, real estate. Wills/Trusts/Probate
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My sister passed away last week in New Hampshire. I live in

Customer Question

Hello. My sister passed away last week in New Hampshire. I live in another state and I am her executor. The will has not been probated/opened yet. If the landlord allows me entry in to her house to secure her property, is that legal?
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney who will try my very best to help with your situation or get you to someone who can. There may be a slight delay in my responses as I research statutes or ordinances and type out an answer or reply, but rest assured, I am working on your question.

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If the landlord allows me entry in to her house to secure her property, is that legal?

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From a purely legal perspective, the landlord shouldn't allow you access to the property until you are formally appointed as executor by a probate court judge. When someone is named executor, that is just a request by the testator, but it doesn't become a legal appointment until a judge ratifies that request.

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With that said, this is kind of a violation without a victim as it is unlikely that any beneficiary would file any type of formal objection with the probate court. Even if someone did object, it is unlikely that the judge would do anything as long as no assets were improperly kept because this often happens in an attempt by the executor to actually protect assets from disappearing.

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thanks

Barrister

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