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

UPDATED: May 24, 2009

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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


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

Answered 13 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.

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