A relative has POA and has changed the locks. I understand the POA will no longer be valid. The Will states property will be divided 50/50 but the relative is listed as head or director of the Will. What are my legal rights to access my parents home? Thank you for all feedback.
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Do NOT remove the lock on the door. You could be charged with breaking & entering as you are not 50% owner of the house until the Probate Judge signs off the paperwork.
In addition, assuming the will is probated - which most are by law, a judge will be involved and there are several checkpoints along the way requiring a judge to approve and sign off on.
So, there are some checks and balances. However, as long as the executors actions are legal and in good faith - they do have a certain amount of freedom in how they execute the will.
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My parent had saved items for me and the POA knows this and agreed to save these items for me as well. My question is what the legality is to enter a deceased parents home. Is it legal to remove a lock on a door? Because the will is 50/50, am I allowed to live there? But what I'm hearing in reviews is the Executor of the Will gets to decide everything.
The only person who has legal access to the house after the owner passed away would be the executor of the will/estate.
The only part I am unsure of is if the named executor has to wait until a probate judge signs off of their appointment to legally have this access.
In this case as the executor will be the person who was also the POA while the principal was alive this should be a smooth transition- with them already having access to any documentation needed to begin the probate process - and probably not needing to go into the house if in fact, this isn’t completely legal prior to a court approval.
You already know that you were not named to administrate your parent's assets either before or after their deaths, I have to assume the reason the locks were changed is to keep you and other relatives from helping themselves to items in the house. Even if you are legally entitled to half them (and that is only if they aren't needed to help pay for your parent's care during their life) you have to wait until a proper accounting is made.