Legal Question in Wills and Trusts in Florida
Does a person who has no legal ties, such as an Executor to an estate, have the right to break into a deceased file cabinet?
This person got a set of keys from the deceased neighbor(who is in an assist living facility)condo. and on her own went and broke into the cabinet.
2 Answers from Attorneys
If someone has been appointed by the court to be the Executor/Personal Representative (who then does have legal ties by court order), then yes they may have the legal right to get into the deceased file cabinet by any number of ways. It is not an absolute answer, but well within the expectations that something like this could happen.
The personal representative, in Florida, is charged with marshalling all the assets of the deceased. If the cabinet needed to be broken to enter it than that action may have been necessary. If the cabinet was owned by the decedent, then the entire cabinet and its contents are assets of the Estate.
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