Can an executor of an estate stay in the home?

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Can an executor of an estate stay in the home?

My great grandfather passed away and my mother-in-law is the executor of the estate. She has been living with him for the past 4 years, taking care of him. Now her sister wants her out of the home.

Does she have to leave? She is worried that people will come over and go through things and take whatever they want if she is not there. There is a Will in place but the same sister says she is taking too long to pay out the money.

Asked on March 4, 2018 under Estate Planning, Utah

Answers:

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

Answered 3 years ago | Contributor

I am so sorry for your loss and for the situation for your Mother in Law.  Tell her to stand firm.  She is the fiduciary of the estate and she can do what ever she needs to safe guard assets, within reason.  She should have an estate attorney helping her keelp the wolves at bay, so to speak.  She should inventory the assets in the house for the petition so she knows what is there, change the locks, alarm the house.  Estates that are large can be complicated and take longer.  Let her attorney explain that.  Good luck.


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