Legal Question in Wills and Trusts in Massachusetts
Probate and Real Estate
This question pertains to probate matters. My dad recently passed away and I will be filing papers to become administrator. Prior to his death me and my sibling lived in his home to take care of him during his illness. We have another sibling who had keys and access to the house in order to look in on him as well. After his death we decided to change the locks because his personal belongings were turning up missing. This sibling has been very adament about getting keys. We feel that since my dad is no longer living that she does not have any right to a key. We are especially concerned because she has been known to do some fraudulent things in the past. My questions is that while we are going through probate are we legally obligated to distribute a key to her since she is an heir to the property even though we have are living in the house and taking care of all bills etc.?
3 Answers from Attorneys
Re: Probate and Real Estate
If your sister is an heir to the estate, she has rights in the property of the estate. However, merely being an heir does not give anyone the exclusive right to use the property of the estate during the probate process. Once an administrator or executor is appointed, he or she has the responsibility to make sure that the property is distributed according to the terms of the will or according to the laws of the Commonwealth.
It would be most prudent for you to consult with an attorney to make sure that your father's wishes are carried out.
Re: Probate and Real Estate
If you are appointed administrator of your father's estate, it is your obligation to account for all your father's property. As such if limiting access to the home is reasonable to do a formal accounting then, you are not required to give your sibling a key. You are obligated to make a full accounting and would suggest that she be allowed to attend the home to make sure the accounting is accurate.
Having said all this, Did your father have a will? If so, who is the Executor?
If he had a Will you need to file it with the Court ASAP.
Your sister could challenge your appointment as administrator if she believes she is somehow going to be put at a disadvantage.
You are going to confront some issues such as ownership of the home (assuming it was only in your father's name)as well as other issues. I would suggest you contact an attorney at least to make sure you are moving forward correctly.
Please feel free to contact me without obligation if you have an additional question.
Re: Probate and Real Estate
If you are appointed administrator you will be under no obligaition to provide your sister a key, howerver, she will most likely have the right to some access (supervised access) to the house during the process.
If you are going to have a sibling conflict over the estate, and it sounds like you are, you should contact an attorney in your area; things could get complicated quickly.
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