Dawsonville, GA asked in Estate Planning for New York

Q: MY legal residence is my fathers home, the executrix changed the locks while I was at school and now can't return home?

Per the will, there are 5 general bequests of equal amounts of cash, 2 of those to be set in a trust for minors. There are 2 specific bequests, 1 to me of the home & the truck, another to my brother of a car. The rest & remainder was also left to myself of every nature, real or personal. My sister was left nothing, but she is the Executrix. Now I was in school in GA for a year, my schooling ended the beginning of 11/16, I planned on staying through the Holiday, as my grandsons live here, I had spoken to my dad in early 11/16, I got a phone call from my brother the day after My dad passed 11/22/16. My brother told me I couldn't come back in the home, the locks had been changed, Now this is my legal residence, I don't live in GA, never have. I am stranded here and indigent now because of it. I got a letter from my sisters attorney saying they are planning to sell items out of the home, what can I do? My personal items are in the home, how can I get some legal help in NY if I'm in GA?

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1 Lawyer Answer
Michael David Siegel
Michael David Siegel
Answered
  • New York, NY
  • Licensed in New York

A: Are you in GA now or NY. If NY, you can call the police. If you can prove you live there, it is an illegal lockout, and you cannot be locked out without a court order. As personal items are not titled, you are going to have to come here to stop anything, as the executor will claim all contents are estate's.

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