Sister refusing access to mother's estate?

Question

My sister is executor of my deceased mother's estate. She, my brother and I have inherited my mother's half of the house (co-owned with my aunt who continues to live there) and my mother's effects. My sister is refusing to allow me to help go through my mother's belongings and will not even allow me to enter the house. My brother, sister and cousins went through all the belongings today but refused to allow me entrance. My brother has told me that they feel that since my sister has children, she is entitled to any family heirlooms. She also plans to take my mother's car home with her. I have not been given a copy of the will or any concrete information. Do I have a right to enter the house and make sure they aren't taking things? Can I force a sale of the house? What are my rights?

Thanks very much.

Answer 1

You have a right to see the will. It has to be probated, and you can go to the court and get a copy of the will. Also, tell them that since you own a 1/6th undivided interest in the house, if they don't let you be a part of what is going on, you are going to move into the House and live there.
Next, explain that if you have to you will sue your sister for a violation of her duty to the heirs, and she it stealing from the estate. You can demand an accounting and charge back what she takes from her share.
Good luck. Nice family.

Answer 2

This is one of those things you should consult a lawyer about. At the least you have a right to view the will if there was one.
It sounds like your Aunt is and was a co-owner of the house. She is the only one at present who can permit or deny you access. Talk to her. If she denies you access then your back to a lawyer. If she permits you access then your siblings wishes are not important unless they have had her declared legally incompetent. The car is a separate issue and again you will need a lawyer. You cannot sell the house regardless of the will if your aunt is an owner and does not consent.
Your aunt is the real power here. Most of the items in the house may be arguably her property and the house depending on how the deed is written may be hers now as well.

Answer 3

It all depends on the nature of the co-ownership between your mother and your aunt.

As the executor, your sister has the authority to do most things about disposing of anything in your mothers estate that isn't named as a gift. The fair value, however, must be added into the estate.

Forcing a sale (called "partition") is usually possible, but it's complex. However, if you mention to your sister that if she's not fair to you, she should remember that you do have the ability to force the sale of the house, it might make her more reasonable.

Richard

Answer 4

Get a lawyer.
You need to get a copy of the will and an exact and accurate accounting of the contents of the estate.
If you feel that there is some fraud taking place, then you can demand that the court appoint an executor. It will cost about 7% of the estate value.

Answer 5

I don't know what your rights are, they vary from state to state, but you should get legal representation.

It breaks my heart when families do this to each other after the death of parent, but Lord knows, it happens everyday. Get a lawyer. He or she will know what to do so you can get some of your mother's belongings. Maybe the lawyer will have to write them a letter? I dunno.

Interview at least 3 before you choose.

Answer 6

If your sister is executor of the will, there is not alot you can do. You could get a probate lawyer and try to fight it. It will be expensive thou.

Answer 7

sounds weird. I think you need a probate lawyer to presereve your rights as your mother intended it to be.

Answer 8

time to get a lawyer, its the only way you are going to see that will and see if your are entitled anything

Answer 9

sounds fishy i'd be pissed and go anyways if it were me.