Legal Question in Wills and Trusts in New York

I am a single 40ish woman and reside with my 92 year-old mother, in a home that was given to me and 5 of my siblings in 1999. My mother is fragile and needs care, thus I cannot move out. I am the Executrix of her estate, along with another sibling. She made no provisions for her personal possessions and the contents of the home. One of my siblings has made remarks that he and his family will come to the home and "take whatever they want" when my mother passes. I want to protect my personal possessions (clothing, computer, etc.) in the event that they arrive on the scene and "start grabbing". What are my legal rights to protect my property? Are they entitled to break down the door to my bedroom if I put a lock on it? How can I protect myself in the event that they steal/vandalize any of my property? To make matters worse, his wife was arrested for assauting me in 1995 and has threatened to "finish the job". I am an RN and live in constant fear that they will act upon those threats. Any advice and or suggestions would be very much appreciated.


Asked on 10/10/10, 7:17 am

1 Answer from Attorneys
Walter LeVine Walter D. LeVine, Esq.

By law, only the Executrix can dispose of the decedent's property. If you feel threatened, lock the property and call the police. You say your mother made no provisions for her personal possessions, so if this is not done (a simple handwritten letter signed by her can do it), only the Executrix can. You can certainly protect your own personal property (lock and key if necessary), and call the police if they break the door.

Read more
Answered on 10/18/10, 7:20 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in New York