What to do about an executor who is abusing their authority?

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What to do about an executor who is abusing their authority?

Both parents are deceased; 3 daughters are heirs equally; 1 is executor. She changed locks on the home refusing entry to other 2. Can we 2 sisters change the locks again? How do we force probate? Can she move in? How do we stop her?

Asked on September 17, 2011 under Estate Planning, Tennessee

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If your sister who is the named executor under the wills of your parents have yet to file a petition to probate their estate, you as one of the heirs can retain an attorney and file a petition with th original wills of your parents seeking to establish the probate proceeding and get the process moving.

Unless the one sister who is the named executor under the wills of your parents has "letters testamentary" to act as the executor under the wills of your parents, she cannot unilaterally refuse your entry into your parents' home.

Given the somewhat challenging situation with your one sister, I recmmend that you consult with a wills and trust attorney to discuss implementation of my suggestion stated above.

Good luck.


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