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Sun 8 Mar, 2015 01:08 pm
When my parents die, as executor of the will, can I change the locks on my parents' house and bar my siblings from entry until the will is fully executed (will states everything is to be sold and divided evenly)? If I don't do this, my siblings will steal items from the house. If they break in (break locks on windows and doors and remove items) can they be charged with trespassing and/or theft? (I'm in Oregon).
@cmabc123,
I am not a lawyer but my non-legal guess would be that you have a responsible to take whatever steps are needed to guard the estate assets including changing the locks if need be.
As far as after the facts actions against your other family members it would be far better to stop the problem of assets disappearing then to take steps after the fact.
Suggest however you get an opinion from a lawyer as actions taken now is likely to be far cheaper then actions taken after the fact.
@BillRM,
I agree with Bill. Put this to a lawyer now, rather than after the fact.
@cmabc123,
I changed the locks on my Dads house when he died, but not because of siblings, but because his neighbor had a key and had removed items while my Dad was in the hospital.
You should call probate court to see what the guidance is in your State. I had to post a bond, when I filled as executor.
@jespah,
Quote:Put this to a lawyer now, rather than after the fact.
Naw, don't waste your money on some bottom-feeder at this point. Just lock their sorry ass out.
Quote: Oregon Laws Regarding Executors of Estates
He is responsible for all the assets in the estate. He has a duty to promptly take possession of the assets, and he must protect them at all times.
http://info.legalzoom.com/oregon-laws-regarding-executors-estates-23466.html
@cmabc123,
I'd check with a lawyer, it sounds like you are worried about siblings, do the work now so you won't have to deal with problems later. You could check to see who drew up your parents will, that might prevent future disputes.
My question is a bit off the wall. Are the parents passed away yet? How old (more or less) are you and your sister? What I'm getting at, is are you completely positive you don't want any item, worth money or not, from your parents? That seems so, and if you're sure, you're sure, but sometimes people change their minds about keeping something.
@ossobuco,
Quote:...are you completely positive you don't want any item, worth money or not, from your parents?
Well, I suppose that anyone who wants an item (even an heir) can bid at a public auction and pay fair value for it, eh? Nothing in the will would seem to prohibit that and such an arrangement would avoid any appearance of "favoritism."
@layman,
You won't get fair value at an auction, you get the highest bid. Estate auctions don't produce a great deal of money. Plus the auctioneer takes a percentage, been there, done that.
@glitterbag,
So then it would be bargain, eh?
@ossobuco,
Quote:are you completely positive you don't want any item, worth money or not, from your parents
Actually, my best answer to that question, if I were the OP, would be to change the locks to keep my siblings from stealing things, then steal everything I wanted. Pretty simple, actually.
@layman,
Maybe, if you are the highest bidder and don't have to over bid. It's a crap shoot.
You should change the lock and also inform the local police about the incident.
@easterndebt,
What incident would you have them report?
@cmabc123,
I recently lost my Mom..I am not an executor??Anyway my sibs will not allow me access to her home at all.. They changed the locks unbeknown to me. I spent a lot of time there because I am single and mom always even 3 mos ago gave me keys They lied to me and said it was in the will. I want to go home w/o an audience. What should I do??they claim no-one goes in but they are and these two spent very little time there as matter of fact my Bro executor hated my Mom so did his wife who is cleaning stuff she has no business cleaning help
@jeanine,
Jeanine,
Condolences to you upon the passing of your mother.
As to what to do, it would be best to contact an attorney familiar with these matters.
@jeanine,
An executor is named by the testator (the person who made the will). An administrator is appointed by the court if there is no will.
Nobody automatically becomes either. Best to talk to a lawyer, and yesterday, before things start being sold.
@cmabc123,
cmabc123 wrote:
When my parents die, as executor of the will, can I change the locks on my parents' house and bar my siblings from entry until the will is fully executed (will states everything is to be sold and divided evenly)? If I don't do this, my siblings will steal items from the house. If they break in (break locks on windows and doors and remove items) can they be charged with trespassing and/or theft? (I'm in Oregon).
You can change the locks and say they were changed long ago. It might be dishonest but it's equally dishonest for them to complain about changed locks preventing them from stealing from the estate.
My family has lied and said Mom said to change the locks in the will they did not tell me either. Now I have to ask permission to go there however executors go when they want including spouses. I am ANGRY My mother gave me a key again 3 sos ago. Do not want trouble but I have had enough. Executors spent no time with her
@jeanine,
Executors have more rights and responsibilities than other stakeholders.
Get legal advice about your rights.
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