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My father passed away last month and the will was to sell everything in the Estate then divide equally.

Florissant, MO |

On of my sisters was living with him at time of death and refuses to leave surrender his car to executor or let any of us into the house even though we have an attorney. What rights does she have and why do we (including the executor have none?

Attorney Answers 2


  1. Best answer

    You mention in your statement that you have an attorney. It would not be appropriate for us, in the forum, to second guess your lawyer. Your lawyer is infinitely more familiar with your circumstances. I would simply suggest that it is time for an open and frank discussion with your attorney. Hopefully, such a conversation with resolve your concerns.

    ** LEGAL DISCLAIMER ** My response above is not legal advice and it does not establish an attoreny-client relationship. When responding to questions posted on Avvo, I provide a general purpose response based on California law as I am licensed in California. In reviewing my response, you are specifically advised that your use of, or reliance upon any response I provide is not advisable. I do not have all relevant background details or facts related to your issue / matter, thus I am not in a position to give you legal advice. Further, your review, use of, or reliance upon my response does not establish an attorney-client relationship between us nor does it qualify as a legal consultation for any purpose. For specific advice regarding your particular circumstances, you should consult and retain local counsel. Law Offices of Eric J. Gold www.EGoldLaw.com Telephone: 818-279-2737 Email: service@egoldlaw.con


  2. You do not mention who owned the residence where your father lived or whether your sister had some ownership or was on the lease if it was rental property. Probably you gave this information to your attorney and her rights to live there are slowing it down.

    Since your father just died last month, it is likely the Probate Court has not yet opened the estate to give the Executor legal authority. Just being named in a Will does not do it.

    This comment does not create an attorney-client relationship. The law and its application by the courts is constantly evolving and changing. This discussion is not to be taken as a definitive guide, and should not be relied upon to determine all fact situations. Each set of facts must be examined separately with the current case and statutory law analyzed and applied accordingly.