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Buachaill
Buachaill, Barrister
Category: Law
Satisfied Customers: 10539
Experience:  Barrister 17 years experience
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I am joint executor and beneficiary with my sister to my mothers

Resolved Question:

I am joint executor and beneficiary with my sister to my mothers estate. Probate money has been released but does this mean we are now legal owners of her property or is this only after a transfer has been done. My sister has locked me out of my mothers house and has denied me access to the probate money. Do I have the right at this stage to break into the property.
thanks, Bryan
Submitted: 2 years ago.
Category: Law
Expert:  Buachaill replied 2 years ago.
1. Just because money has been released from the probate, this does not mean the transfer of the property has been completed. You should check the position with the solicitor. As executor you have a right to this information. Be aware that if the property has been
Expert:  Buachaill replied 2 years ago.
transferred then your sister has no right to exclude you as you are co owner of it. Additionally her behaviour as co executor is improper and she can be removed as executor on these grounds.
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Customer: replied 2 years ago.

thank you. What about to right to enter?

Customer: replied 2 years ago.

thank you. What about to right to enter? Sorry, I meant what about my right to enter

Customer: replied 2 years ago.
Relist: Incomplete answer.
sorry but I asked about my right to enter the property and this was not answered
thanks
Customer: replied 2 years ago.

actually I had asked if you thought I had a right to force entry into the property at this stage. my sister has locked the door I have a key for from the inside and used a conservatory key ( there is only one ) to lock up after is this illegal

Expert:  Buachaill replied 2 years ago.
2. You need to realise that whilst an executor has power over the assets of the deceased this does not give a right to force entry as against your sister, the co executor. You should instead go to court and seek directions from the court including in relation to this property given the breakdown in relations between the two co executors, you and your sister. First, you should find out the situation in relation to the estate and whether these properties have been transferred into the names of you and your sister as this will affect the legal position.