How much power does and executor of a will have?

Asked over 2 years ago - New Castle, PA

Does the executor of a will have the ability to lock the doors to the estate home until the reading of the will?

Attorney answers (3)

  1. Robert Louis Feliciani III

    Contributor Level 13

    6

    Lawyers agree

    Answered . The executor has a duty imposed by law to protect the property belonging to the decedent. As far as the contents contained in the Real Property (Home), yes they do have the authority and duty to secure the home.

    Consider this, each beneficiary of the estate may be entitled to portion of the decedent's estate. If the executor would allow each beneficiary to enter the home and remove the items they wanted without considering the other beneficiaries desires, the executor himself may be held liable to the beneficiary. Additionally, if beneficiaries remove items from the house without those items having been inventoried, the executor might be held liable.

    It is very important to secure the home and protect the contents until such time as a proper inventory of the contents can be secured. The beneficiaries don't have a right to enter the property without the Executor's permission.

    This answer does not, nor is it intended to, create an attorney-client relationship or constitute attorney... more
  2. Bradley Joseph Osborne

    Contributor Level 10

    6

    Lawyers agree

    Answered . I agree with my colleague. The executor owes strict levels of responsibility to any and all beneficiaries of the estate. If one beneficiary is given preference or the executor fails to uphold his/her responsibilities then he/she may be held legally liable.

    Best of Luck!

    The materials on this site are provided for general informational purposes only. The information in not intended... more
  3. Joseph M. Masiuk

    Pro

    Contributor Level 13

    6

    Lawyers agree

    Answered . I agree with my colleague, Mr. Feliciani, and add the following:

    There is nothing in the law that requires a formal "Reading of the Will" as we have all seen on TV and movies. In Pennsylvania, the Executor or Executrix exercises his or her legal obligation to let others know about the estate by sending out what is called a Notice of Beneficial Interest to the beneficiaries.

    The materials available at this web site are for informational purposes only and not for the purpose of providing... more

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