Executors Authority Over Estate

Summary

As an executor in North Carolina, you have the legal authority to manage the estate, including deciding who can occupy the property. Changing locks to protect assets is within your rights. Heirs cannot legally occupy the property without your permission, especially if it violates a Family Settlement Agreement. If an heir is living in the home without your consent, you can take legal action to evict them. Consult your attorney for guidance on the eviction process, which typically involves serving a notice to vacate before filing an eviction lawsuit.

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I’m the executor of an estate. The heirs signed a Family Settlement Agreement to keep all assets and not sale as the Will stated. After consulting a lawyer I changed the locks. The heirs have once again changed the locks and one heir has moved in. Can they do that?
Hello ****, can you please tell me the location of the estate? Laws regarding property and estate execution can vary by location.
Robeson county, NC
Hello ****. In North Carolina:
- As an executor, you have legal authority over the estate.
- Changing locks can be viewed as protecting the assets.
- Heirs cannot legally occupy the property without your permission, especially if it violates the Family Settlement Agreement.
Please consult with your attorney for specific advice.
So no one should be staying in the home unless I give them permission
That's correct, ****. In North Carolina, as an executor, you have the authority to decide who can stay in the property. Heirs need your permission to occupy the estate.
What should I do because the heir is living in the home now?
You can take legal action to evict the heir. Contact your attorney who will guide you on the eviction process in North Carolina. This often includes serving a notice to vacate before filing an eviction lawsuit.