As executor of an estate, I want to know my rights to enter the home of the deceased and do an inventory of his estate?

A “live in” girl friend claims all items in the home are gifts given to her and I can see or have nothing. The Will states that I am to gift all items as I see fit. It is a rented home that was leases in his name.

Asked on September 4, 2013 under Estate Planning, Illinois


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

You have great rights as the appointed Executor of the estate.  And if she is not a legal tenant of the apartment then you can bring an action to evict her and to marshall his assets.  It is not going to be an easy task and will cost the estate money.  Maybe a compromise would get you the result you wish and save the estate funds.  Good luck.

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