What right does a PR have regardingthe property of a testator’s spouse?

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What right does a PR have regardingthe property of a testator’s spouse?

My grandfather’s Will specified that his Personal Representative was his attorney and the successor PR was his son from a previous marriage. However, 2 days after he passed away, the son took the Will to the court to have himself declared PR. Now he is moving in on my grandmother’s portion of the estate, claiming that he has all the same rights as my grandfather did to manage and govern all parts of the estate. He is making extensive repairs on my Grandma’s property and ordering her gardeners and workers around. What right does the PR have to her home?

Asked on April 3, 2011 under Estate Planning, Oregon

Answers:

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

Answered 10 years ago | Contributor

I am so sorry for your loss.  There is no real way to guide you here in this type of forum with the problems you seem to be having and without reading the Will.  I would strongly suggest that you seek help from an attorney in your area and hire him or her to keep tabs on the PR.  Have you contacted the attorney? Did he relinquish his right to appointment?  What happened there?  The PR has the right to act on behalf of the estate which can indeed mean that he acts in the same capacity of your Grandfather when it comes to maintaining property etc.  But he may not have any rights on the house in which your Grandmother lives if it passed to her by operation of law when your grandfather dies (in other words it was jointly held with rights of survivorship_.  Get help.  Good luck.


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