Does an executor have the right to prohibit some beneficiaries from being on estate property?

My father past away and my brother and I are the executors. Last week we opened an EIN and started to gather financial information. I was in the house last night cleaning out the refrigerator and my sister and her husband came in and verbally harassed me, accusing me of doing something behind their backs. There are 4 of us and everything is to be divided equally. I am not to the point where I can start saying what exactly is in the estate to be divided. After I had enough of their harassment I wanted them out of the house so that I could lock it and go. Where do I stand legally as to who has permission to be in the house?

Asked on March 28, 2011 under Estate Planning, Pennsylvania

Answers:

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

Answered 9 years ago | Contributor

I am so sorry for your loss and for your situation.  All the beneficiaries have equal rights in the estate but the executors have a right to do what is necessary to protect estate assets.  I know that this guidance, so to speak, may not be very clear.  But you are in a very difficult position here as a family member and the executor. You can not do anything out of spite or anger andit may very well be hard not to feel that here.  I would strongly suggest that you and your brother obtain legal counsel to help.  The attorney for the estate is obligated to protect your back and to make sure that everything is done on the up and up.  Getting one may also calm the unfounded fears of your siblings.  Good luck to you.


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