Krumville, NY Estate Planning Law Firms & Lawyers

Executors have the responsibility of protecting and properly distributing the estate of the deceased. As a beneficiary, you have the right to see the testamentary documents that include you. Demand a copy of the will, trust, and any other gifting documents. If the Executor refuses, tell them you can sue and get them without much difficulty. Executors also have the responsibility to prepare an accounting of the estate, so if he has been making equal distributions, he should be able to show what the entire estate included. Finally, if you doubt the Executor's statements and actions, you may have to sue to find out the truth. Unfortunately, this can be very stressful and expensive, so you may not want to start any action until you are sure there is a problem. Locking the house is not automatically a breach of an Executor's duties. Timing is important. It is best to demand that all beneficiaries be allowed to review the contents of the home prior to the executor's "Sweep" of the house removing valuables. It sounds like you are too late to do that. You can still demand that he escort you around the home to see what is still there. Sometimes simply retaining an attorney who will write a letter to the executor demanding an accounting and threatening suit if he fails to disclose the contents of the estate will be enough to keep things in order. Please note: Prescription medications should be destroyed, not passed on to heirs for non prescription use. This is both the law and common sense. There is no known right to inheritance of prescription medications.

The person whose name is on the Deed as owner of the house must sign the Deed when the house is sold to someone else. Unless the owner gives someone else Power of Attorney to sign their name on the Deed at the sale.

Waive her rights or get another lawyer. However, you should probably talk with the other lawyer first to see if what the first lawyer tells you makes sense.