Can an executor of an estate stay in the home?

UPDATED: Oct 1, 2022

Advertiser Disclosure

It’s all about you. We want to help you make the right legal decisions.

We strive to help you make confident insurance and legal decisions. Finding trusted and reliable insurance quotes and legal advice should be easy. This doesn’t influence our content. Our opinions are our own.

UPDATED: Oct 1, 2022Fact Checked

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

Can an executor of an estate stay in the home?

My great grandfather passed away and my mother-in-law is the executor of the estate. She has been living with him for the past 4 years, taking care of him. Now her sister wants her out of the home.

Does she have to leave? She is worried that people will come over and go through things and take whatever they want if she is not there. There is a Will in place but the same sister says she is taking too long to pay out the money.

Asked on March 4, 2018 under Estate Planning, Utah


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

I am so sorry for your loss and for the situation for your Mother in Law.  Tell her to stand firm.  She is the fiduciary of the estate and she can do what ever she needs to safe guard assets, within reason.  She should have an estate attorney helping her keelp the wolves at bay, so to speak.  She should inventory the assets in the house for the petition so she knows what is there, change the locks, alarm the house.  Estates that are large can be complicated and take longer.  Let her attorney explain that.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption