My parents passed away and my dad died in 2011. He didn’t have a will. My sister had to go to the courts to even get

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Customer: my parents passed away and my dad died in 2011. He didn’t have a will. My sister had to go to the courts to even get power of attorney, and to become the executor of the estate. So does that mean that she could tell us that we can’t go to our fathers house that no one lives in but whoever’s in town is able to stay there. So now she’s mad at me is she able to keep me out of my dads house?
JA: Can you tell me what state this is in? And just to clarify, what paperwork has been filed?
Customer: Of course I’m sorry it’s in Alamosa Colorado. We also have three rentals and she gets the money but it should’ve been divided up between the four sisters.
JA: What documents or supporting evidence do you have?
Customer: There’s no evidence they just had to go to court so she could get power of attorney and like I said the be the executor of the will but there’s no Wii?
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: Will
Answered by Ashley Paige, Esq. in 5 mins 7 months ago
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Ashley Paige, Esq.
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Ashley Paige, Esq.
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Ashley Paige, Esq.
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Ashley Paige, Esq., Expert

Hello, my name is***** am an attorney and am happy to help you today. Please remember I can only provide general legal information and not specific legal advice because there is no attorney-client relationship between us.

I am sorry to hear you are having some trouble, legal issues can be very frustrating. Please give me a moment to review your question.

Customer
Thank You I appreciate it
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Ashley Paige, Esq., Expert

So even when there is no will a person needs to be appointed as a personal representative of the estate to handle gathering assets and distributing as required under the law.  The law for distribution when there is no will goes down a list and children would all inherit equally.  So you and any other siblings should have equal ownership of any property and or income that comes of it.

Customer
if I do go over there would she be able to call the cops on me?
Customer
what would I have to file in order to get my part of everything?
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Ashley Paige, Esq., Expert

Well it's hard to say because I don't know what she did as representative of the estate- did she transfer the property into all of your names or just into her name?

Customer
Just into hers and my other sisters
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Ashley Paige, Esq., Expert

Well I would suggest you retain a local probate or estate attorney.  First you need to determine what she did and if she breached her duty as the personal representative or did not distribute the property appropriately, you would have to commence a lawsuit against her.

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Ashley Paige, Esq., Expert

Well it's unlikely the police would arrest you but if you do not own the property- she can restrict your right to be there currently.

Customer
Even if I show them proof of me being a daughter? Since it's supposed to be divided up equally?
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Ashley Paige, Esq., Expert

Yes they would tell you its a civil issue that you need to pursue and because she did what she did you are not a legal owner.

Customer
I understand it's supposed to be divided through courts but I'm going there for a week I'm not going there for any longer like to set up house.
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Ashley Paige, Esq., Expert

Well if you want to go there as it stands now you would have to have the owner's permission.

Customer
just because she is the personal representative of the wheel she's able to keep stuff from us? And yes I understand we'll have to go to court but legally I have just as much as a right and she does correct?
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Ashley Paige, Esq., Expert

As the personal representative she had the right to handle the transfer of the property and distribution.  While you had a right to your share of it, its sounds like she did not do what she was supposed to and breached her duties by transferring the property without including you or buying you out.  

So at the time you had rights to it but until that is now (many years later) sorted out with the court - since the property is not in your name you do not have a right to access or possess it.

Customer
Ok Thank You... I have another question.
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Ashley Paige, Esq., Expert

You're welcome.  Sure if it's a follow up question on this issue go ahead.

Customer
In 2008 I got into a car accident had a traumatic brain injury brachial plexus injury four strokes and lost the use of my left arm and hand seven cornea transplants. So to say that I was pretty foggy back then is a understatement. My mom passed away in 2011 and I just found through some paperwork that I've been going through a letter that she left me everything in her name was to be going to me. And all of the business stuff that that she had was supposed to be divided by two myself and her husband. Her husband knew about this and never let me know. And she also had life insurance policy for me to get after she passed and he had me sign those while I was still recovering from my traumatic brain injury not knowing what I was even doing back then. So what I have a fighting chance To go to court now and show them that I have this and get what's legally mine?
Customer
Well it's the same situation my mom and dad stuff
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Ashley Paige, Esq., Expert

Since this a separate issue regarding your mother's husband and any potential inheritance from her rather than an issue with your father's home, please submit a new question thread per Just Answer policy.  If you want it directed to me you can include "For Ashley Paige Esq only" in the question and I will respond.  Otherwise another attorney will take it.

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Ashley Paige, Esq., Expert

If that explains everything to your satisfaction regarding your sister and your father's house, I wish you the best of luck resolving this. Take care and enjoy the rest of your day.

If you would like to ask me another question in the future, you can add me as a favorite Expert. You’ll have the option to do that on your “My Questions” page if you choose to rate our interaction. And thank you for using JustAnswer.

Customer
Ok thank You
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Ashley Paige, Esq., Expert

You're very welcome.

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