My sister is wanting to take everything out of my moms house that has to go through Probate Can she do this?

Asked 5/24/2009 under Wills, Trusts, Probate | 253 View(s) | More Legal Topics

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Wills, Trusts, Probate Law Answers

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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