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Does a will have to be put into probate before anything can be done to the property by the exsector?

Grand Junction, CO |

my mom passed away a month ago and left my sister exsector. she got a copy of the will but wont get rest of us a copy but she is taking down the fence of the yard and changed the locks on the doors. does this have to be put into probate before she does things like that?

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Attorney answers 3

Posted

Your sister has no power to do anything to the property until the court appoints her as the personal representative (a/k/a, executor). Also, she is required to file a copy of the will within 10 days of the date of death and as a child of the decedent, you have a right to all documents relating to the probate case. It's possible that her conduct to date, as you have described, could give you grounds to challenge her appointment as personal representative, as the PR represents the estate and all the beneficiaries and you want a PR who will undertake this responsibility seriously and in good faith. Hope this helps.

You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado. Answering your questions does not create an attorney-client relationship between us. You should speak with an attorney to whom you have provided all the facts in your case, before you take steps that may impact your legal rights. I am not obligated to answer subsequent emails or phone calls unless you have hired me. I wish you the best of luck with your situation.

Posted

Perfect advice by Mr. Rich. I would call him and pay for his advice about how to proceed.

The information provided in this answer does not create an attorney-client relationship. If you are interested in his legal services, feel free to call Chris at (303) 409-7635 at his law office in the Denver Tech Center. All initial consultations are free of charge.

Posted

Mr. Rich has provided you with a correct response. Your sister is obligated to timely file the will with a probate petition. She should not be doing anything with your parent's property unless and until she is authorized by the court to do so. Based on the circumstances you have described, you may be able to contest her appointment as executor. At this point, you should contact a probate attorney in your area for additional guidance and advice.

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.