My mom made my brother executor of her will. The will states everything is a 50/50 split. Noe my brother and his wife are trying to stop me from going to my moms house unless one of them are there. My brother wife has been accusing me of stealing which I

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My mom made my brother executor of her will. The will states everything is a 50/50 split. Noe my brother and his wife are trying to stop me from going to my moms house unless one of them are there. My brother wife has been accusing me of stealing which I

Have not

Asked on June 16, 2018 under Estate Planning, South Carolina

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 3 years ago | Contributor

While the property is still part of the estate--that is, before it has gone through probate and been distributed according to the will--the executor has full authority over the estate, the same as if it were his property. He can control who has access to it, he maintains it, he can sell it if necessary or appropriate to carry out the instructions of the will, etc. The limitation is, he has to follow what the will says and ultimately provide all heirs everything provided for them in the will.


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