Access denied to estate property

[bbtsmile2]

I'm the admin of the estate. My sister has been living in the property for 3 years against my better judgement. I have decided to move into the property. I advised her that the claim had been filed and the inspector would come over to inspect so that repairs can be made. When I got there I informed her that I would be moving in at the end of the month. She didn't like that. When the inspector got there, she was rude and questioning him why he was there. It took a few hours and when I went to retrieve my keys and phone to leave the door was locked? When she came to the door she advised me that it was late and it was time for everyone to go, we got into an argument and she told me to get my stuff and leave. I am taking this as a warning that she will deny me access to the home. Is there something I can file or send a notarized letter granting me access to the home? I have a sheriff deputy who will be willing to deliver this paper if needed, although I haven't mentioned this situation to them yet.

 

[Just Blue]

I'm the admin of the estate. My sister has been living in the property for 3 years against my better judgement. I have decided to move into the property. I advised her that the claim had been filed and the inspector would come over to inspect so that repairs can be made. When I got there I informed her that I would be moving in at the end of the month. She didn't like that. When the inspector got there, she was rude and questioning him why he was there. It took a few hours and when I went to retrieve my keys and phone to leave the door was locked? When she came to the door she advised me that it was late and it was time for everyone to go, we got into an argument and she told me to get my stuff and leave. I am taking this as a warning that she will deny me access to the home. Is there something I can file or send a notarized letter granting me access to the home? I have a sheriff deputy who will be willing to deliver this paper if needed, although I haven't mentioned this situation to them yet.

What state?

ETA: Please don't start new threads on the same topic/situation. This question should have been added to your other thread.

https://forum.freeadvice.com/threads/lawyer-established-heirs-and-vanished.658389/

 

[not2cleverRed]

1) The state is important.

2) Since this is not an amicable situation, and your sister effectively has a tenancy, you will have to research your state's laws. You might have to evict her in order for you to move in. Moving in at the end of the month is not realistic in most states; there are a series of steps that have to be performed in order to legally evict a person.

 

[LdiJ]

I'm the admin of the estate. My sister has been living in the property for 3 years against my better judgement. I have decided to move into the property. I advised her that the claim had been filed and the inspector would come over to inspect so that repairs can be made. When I got there I informed her that I would be moving in at the end of the month. She didn't like that. When the inspector got there, she was rude and questioning him why he was there. It took a few hours and when I went to retrieve my keys and phone to leave the door was locked? When she came to the door she advised me that it was late and it was time for everyone to go, we got into an argument and she told me to get my stuff and leave. I am taking this as a warning that she will deny me access to the home. Is there something I can file or send a notarized letter granting me access to the home? I have a sheriff deputy who will be willing to deliver this paper if needed, although I haven't mentioned this situation to them yet.

She cannot lock you out of the property. You are the Administrator of the estate. If she does attempt to lock you out, then you call a locksmith to change the locks. You should not lock her out either...particularly if in the end the house will be partly hers or the proceeds would be partly hers. If you need to evict her you would need to go through the eviction process. However I would not recommend that unless she interferes with repairs or the sale of the property.

 

[Just Blue]

1) The state is important.

2) Since this is not an amicable situation, and your sister effectively has a renancy, you will have to research your state's laws. You might have to evict her in order for you to move in. Moving in at the end of the month is not realistic in most states; there are a series of steps that have to be performed in order to legally evict a person.

Px Hx...OP may not have the standing to evict her sibling. Seems like the house is both of theirs.

 

[Zigner]

Px Hx...OP may not have the standing to evict her sibling. Seems like the house is both of theirs.

I disagree - I believe (from the OP's other thread) that the estate is still the owner of the house.

 

[bbtsmile2]

MS

 

[zddoodah]

I'm the admin of the estate.

Whose estate?

Also, just because many people get this wrong, were you appointed by the probate court to serve in this capacity? Or are you merely nominated in someone's will to serve in this capacity?

My sister has been living in the property for 3 years against my better judgement.

Has the property been owned by the estate all this time? If so, why have you allowed this situation to persist? Is your sister paying rent to live there?

I have decided to move into the property.

So...you're planning to use estate property for your personal benefit? How do the heirs/beneficiaries of the estate feel about this, and do you intend to seek approval of the probate court?

I advised her that the claim had been filed

Filed by whom and for what?

Is there something I can file or send a notarized letter granting me access to the home?

Notarized letter?

If you are the court-appointed administrator, then you get to determine who, if anyone, lives in property owned by the estate (except to the extent that you living there would constitute self-dealing that might be a breach of your fiduciary duty to the estate). Assuming there is no lease by which you, as administrator of the estate, gave your sister exclusive possession of the premises, they you should be able to obtain a court order for the stated purpose (although getting such an order by the end of the month isn't likely realistic).

If you don't have an attorney representing you in your capacity as administrator, then you definitely need to hire one.

 

[bbtsmile2]

I was appointed by the court. She has been living in the home rent free. The home is big enough for us both to live in. She has not been paying rent. I am just asking for the same courtesy that I have allowed, which is access to the property and to move in without restrictions. An insurance claim was filed for recent storm damage.

 

[LdiJ]

I was appointed by the court. She has been living in the home rent free. The home is big enough for us both to live in. She has not been paying rent. I am just asking for the same courtesy that I have allowed, which is access to the property and to move in without restrictions. An insurance claim was filed for recent storm damage.

Is it just the two of you who are heirs?

 

[Zigner]

You, as administrator of the estate, have allowed her to become the tenant in the house. Since there are only the two of you, there's nothing to worry about based on your fiduciary duty, but you can't just force her to leave, and you can't just move new people (yourself) in to the house. You, as administrator of the estate, need to deal properly with your tenant.

 

[LdiJ]

You, as administrator of the estate, have allowed her to become the tenant in the house. Since there are only the two of you, there's nothing to worry about based on your fiduciary duty, but you can't just force her to leave, and you can't just move new people (yourself) in to the house. You, as administrator of the estate, need to deal properly with your tenant.

I disagree about the bolded. The house is big enough for both of them and in the end they would both have an equal right to use the property.

 

[zddoodah]

I was appointed by the court. She has been living in the home rent free. The home is big enough for us both to live in. She has not been paying rent. I am just asking for the same courtesy that I have allowed, which is access to the property and to move in without restrictions. An insurance claim was filed for recent storm damage.

You didn't answer most of the questions I asked, but based on this information, you likely have the legal right to access the premises. However, depending on information you haven't provided, you moving in without paying the estate rent and letting her live there rent-free may be a breach of your fiduciary duty as administrator.

Again, if you don't have an attorney representing you in your capacity as administrator, then you definitely need to hire one.

 

[bbtsmile2]

It has been owned by the estate for at least 2 yrs. I don't care how she feels about it. I really didn't approve when she moved in but she needed a place to stay and now so do I. I had an attorney to rep both of us but we couldn't agree after a while the lawyer was annoyed with her and left us (me) high and dry. Are these the answers you were referring to?

 

[bcr229]

Why isn't probate completed after two years?