How do I protect my father’s estate from my only sibling when he dies?
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How do I protect my father’s estate from my only sibling when he dies?
I am the executor and live in the same state as my parent. My sibling lives out of state. I am afraid of him; he is a criminally minded, violent thief. I am certain he will take over and loot my father’s home. He will hurt me if I intervene. What prevention measures can be put into place now while my father is terminally ill and after father dies?
Asked on June 18, 2012 under Estate Planning, Kentucky
Answers:
FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney
Answered 12 years ago | Contributor
The best way to prevent an unpleasant situation with your sibling concerning your father's estate is to have your father give you a power of attorney presently over his affairs assuming he is on the state of mind to do so.
Assuming he is, then you change the lock to your father's home and install a security system as to it.
You might also place law enforcement on possible notice of your concerns so as to step up a patrol on your father's home.
If you have a power of attorney now, you might consider placing items belonging to your father in offsite secure storage. After your father's passing, you should consider making an inventory of all his belongings and placing such offsite in a secure locked area.
If you receive the home from your father, you should then consider renting it out to a third party as soon as possible and have adequate insurance for it. I suggest that you consult with a Wills and trust attorney further about your concerns as well as the possibility of getting a restraining order against your sibling.
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