Which heir is responsible for a property when a person dies intestate?

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Which heir is responsible for a property when a person dies intestate?

My mother died intestate last year. I live in a house that was owned solely by her. I have lived here with my family for 5 years. My sibling is claiming legal rights over who I have as overnight guests in the house. She is the executor of the estate since she is on good terms with my mother’s spouse and therefore had access to funds to hire an attorney in the first place. Does she have the right to limit who I have as overnight guests since I am entitled to as much of the property as she is?

Asked on June 18, 2012 under Estate Planning, Illinois

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 the problems that have come up.   You are right that you and your sister have equal rights in the house.  SHe as executor, though, has the authority to act on behalf of the estate, but she has to act in good faith, and it seems here that she is not doing that.  If she continues to act as she does then it may be a good idea for you to consult with an attorney about having her removed as the personal reprsentative of the estate and what your options are here with the house.  Good luck.


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