Can my sister just let someone move into my father’s house and lock me out if my inheritance is inside and slowly being peddled off?

My father passed away 3 weeks ago. My sister planned everything without my consent. She payed for the funeral out of my father’s checking account even though she is not on the account. She has since over drawn the account also. She has started selling off various small items to pay bills and says we are splitting everything. However I haven’t saw one dime. I haven’t even gotten to see a copy of the Will she claims to be the executor of. She keeps saying it is being filed with probate. She has also put a lock on my dads house and let her daughter move in and says I cannot go inside anymore.

Asked on June 9, 2012 under Estate Planning, Georgia


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

Answered 8 years ago | Contributor

I am so sorry for your loss and for the situation.  What you sister is doing is "dissipating" estate assets.  If she has not been appointed as the executor under the Will she has no authority to act at all here.  A probate proceeding is public and you can review the file if there is one but I doubt that there is.  You need to go and be appointed as the personal representative as if there is no Will.  If she produces a Will I would be suspect of it.  Seek legal help asap.  Evict her daughter and you have as much right to enter the house as she.  Good luck.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.