Legal Question in Wills and Trusts in Michigan
Legal or Illegal
My parents passed away. There was a will. My brothers and I(daughter) were named as beneficiaries. My parents did not include any in-law names on the will. Now my sister-in-laws are going through things in the house. I told the executor (who is one of my brothers) that the sister-in-laws names were not on the will and that they should not be in the house. He said he could not stop them. Are they in contempt of court for being on the property, and if so how do I get them out of the house?
Thank you very much
2 Answers from Attorneys
Re: Legal or Illegal
Hi, your sisters-in-law aren't in contempt if there is no court order preventing them from going on the premises. They may be trespassing if a person in authority has told them not to come onto the premises. The "person in authority' is the person named as Personal Representative in yur parents' will(s). Sounds like a family fight is brewing. You should consult an attorney to protect yourself. John C. Talpos (248) 743-6800
Re: Legal or Illegal
It is up to the personal representative (executor) of the estate to secure the house. If he is failing in that task, you should petition the court to have him removed as personal representative and should volunteer yourself as p.r. For more info. please contact me at (248)851-3171.