Legal Question in Wills and Trusts in Pennsylvania

I was left a building n property by my father in his will.the estate is not closed yet .his wife is the executor.does she have the right too use/rent the building and take out all my belongings from the building


Asked on 2/09/15, 11:25 am

2 Answers from Attorneys

Miriam Jacobson Retired from practice of law

No, unless there are other provisions that require her to hold onto the building until other actions have been completed. But she should not have the right to take your belongings in any case.

Consult an estates lawyer to find out what your options are and to take action before you lose your rights. You can't just wait until all kinds of things have happened before you take action to protect yourself.

THIS RESPONSE IS NOT LEGAL ADVICE, SINCE I DO NOT HAVE ALL OF THE INFORMATION THAT WOULD BE REQUIRED, AND I DO NOT HAVE A REPRESENTATION AGREEMENT WITH YOU.

* If the answers to your question confirm that you have a valid issue or worthwhile claim, your next step should almost always be to establish a dialog with a lawyer who can provide specific advice to you. Contact a lawyer in your county or township.

* Another reason for contacting a lawyer is that it is often impossible to give a good answer in the Internet Q&A format without having more information. The unique circumstances of your situation and things that you may not have thought to mention in your question may completely change the answer. If you want to be sure that you have a complete answer to your question and an understanding of what that answer means, establish a connection with a lawyer who practices in the area of your concern.

Read more
Answered on 2/09/15, 1:57 pm

This sounds a lot like another question which was asked last week.

Title to real estate vests in the beneficiaries. However, the personal representative of the estate is responsible for gathering and inventorying assets for the deceased and in controlling those assets.

The answer to your question will depend on a whole lot of facts which you do not relate here. What does the will say? What other assets are in the estate? An estate is pending but what has been done? Are the assets in the estate sufficient to pay any claims/taxes? Can the personal representative make an early distribution to you now of the business?

The personal representative may have the right to rent the building. She does not have the right to take your personal possessions however. Were these possessions on the property? Did you give her written notice that these things were yours? What happened to this property?

You should definitely consult a probate attorney who practices in the county/state where the estate for your father is pending and pay the attorney to review the will and probate file and apprise you of your rights.

Read more
Answered on 2/09/15, 9:30 pm


Related Questions & Answers

More Probate, Trusts, Wills & Estates questions and answers in Pennsylvania