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Richard, Attorney
Category: Estate Law
Satisfied Customers: 53669
Experience:  29 years of experience practicing law, including tax and estate planning.
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I live in New York state and via a trust deed, I become one

Customer Question

I live in New York state and via a trust deed, I become one third owner along with two sisters when my mother passes. In my mothers will, I am left everything in the home and I am the beneficiary of her Life Insurance and her IRA. The two daughters do not know this. The older daughter is estranged from her mother and has not spoken to her in 4+ years. The youngest daughter comes home once a year and stays with her son.
As I am executor, and administrator and after mom passes am I permitted by law to lock the house from the two daughters to protect the assets until the will is made public? Even though they become part owner in the home?
Submitted: 2 months ago.
Category: Estate Law
Expert:  Richard replied 2 months ago.

Hi Brian. My name is ***** ***** I will be helping you today! It will take me just a few minutes to type a response to your question. Thanks for your patience!

Expert:  Richard replied 2 months ago.

Yes, absolutely. As executor of your mom's estate, you have total authority over the estate assets during the administration of the estate. That includes not only the authority, but the obligation, to safeguard the estate and its assets so the estate assets can be used first to pay any outstanding liabilities of your mother and the estate and then to distribute any remaining assets pursuant to the will. Until the title to the house is either sold by the estate or actually transferred to all 3 of you in undivided 1/3 interests, you are the only one with any authority over the estate assets.

Thank you so much for allowing me to help you with your questions. I have done my best to provide information which fully addresses your question. If you have any follow up questions, please ask! If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service as Good or Excellent (hopefully Excellent). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!

Customer: replied 2 months ago.
The point that is being made and the fact is with a trust deed, the title passes to each upon the death of my mother; so that being known, do I still have the authority to lock the house and prevent entry?
Expert:  Richard replied 2 months ago.

Can you elaborate a bit on what you mean by a trust deed. Is the title held in a revocable living trust at the moment? If so, are you the trustee of this trust.

Expert:  Richard replied 2 months ago.

I just wanted to let you know that I will be logging off for the evening.. Should you have a follow up while I’m away, I will address it immediately upon my return in the morning. Thank you in advance for your patience. I apologize for any inconvenience.

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