My sister is wanting to take everything out ofmy moms house that has to go through ProbateCan she do this?

Get Legal Help Today

 Secured with SHA-256 Encryption

My sister is wanting to take everything out ofmy moms house that has to go through ProbateCan she do this?

Asked on May 24, 2009 under Estate Planning, Arkansas

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

No she can not.  The items in the house are now property of the estate.  Nothing should be removed until the executor of the estate does it or gives permission for it to be done.  You should notify the executor of her actions immediately.

If your sister is the executor than she is in breach of her fiduciary duty and can be held legally accountable and personally liable.  If this is the case, you need to contact the probate court plus hire an an attorney to protect your interests.  A petition for her removal as executor could then be sought.


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 AttorneyPages.com 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 with SHA-256 Encryption