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

Answers:

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.


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