will

[beachball]

My mother passed away in Florida, and I was the Power of Attorney, then after her death became the Trustee of the Estate. My sister is living in my Mom's house, won't let anyone in and has changed the locks. Once the probate is complete I will become the Executor. What are my legal rights(it seems I have none). The will states the estate will be divided four ways, sister and brothers. Can I evict her? Why does she have these rights by locking us out. Can she be charged for rent, items missing, repairs, etc., once I am the Executor? what rights do we have?

 

[ALawyer]

If your aunt is living in the house without any rights to live there, you can evict her and sue her for illegal occupancy and any damages or theft.

Look, I assume you have a lawyer helping you with the estate, and you seem confused between Trustee and Executor (for example, if the house was held in a Living Trust you can act NOW, as Trustee, and if not the court will enter an order provisionally naming you as executor to prevent waste and destruction of the house.) If you don't you should. The lawyer should handle it for you. AND please remember, the woman is an aunt.

 

[beachball]

Thank you for your reply. You mentioned that my sister was my aunt, does this make a differenc? My sister lived in the house while my Mom was in the nursing home, 1 1/2 years, rent free. According to the police, this makes her the primary resident, does this make a difference? The house is still in my Moms name though. You are right, we do have an attorney but he is very hesitant to make a move, he feels it could hurt, not help at this point.