Am I allowed to enter my deceased father’s home without the personal rep.’s permission if the estate was left to the 3 children of the deceased?

My sister is the personal representative. The will states that there will be a three-way split of all my fathers assets but she refuses to let us in the house or give us any information regarding what is going on with the estate. She has already removed many things from the home and spent most of the money that was left. What can my brother and I do?

Asked on August 25, 2016 under Estate Planning, Michigan

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You and/or your brother can bring a legal action in probate or surrogates court seeking to make her "acount" for her actions as personal representative. If she has not followed the instructions of the will and/or has personally taken money or items to which she is not entitled, a court can order one or more of the following: 1) that she stop doing this and follow the will; 2) that she be replaced as personal representative; 3) that she return any items taken; 4) that she pay out of her own pocket any amounts she took improperly.
Such a legal action is much-more procedurally complex than, say, suing in small claims court for an  unpaid bill or the return of a security deposit or a fender bender; you are advised to retain an attorney to help you.


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