I am an heir among 3 for contents in a house , is there any way to keep any of us from going in on our own?

Question

the problem is the the executor is one of the 3, and also the house was left to her.

Answer 1

Sure is, go in and document everything with a video camera. Make sure the executor is with you. If she refuses, then get a lawyer

Answer 2

The executor must oversee the distribution of the contents.  If you do not believe the executor will be fair, you can hire your own attorney to look out for your interests.  But keep in mind that the person who passed away apparently trusted this person enough to name them executor and may have expressed to this person certain preferences about who gets what.  Being the executor is not an easy task because there is often not an easy way to divide things.  Unfortunately, if the parties don't believe the division is fair, the only way to resolve the issue may be to sell everything and split the proceeds which often means losing family treasures.

If you go in on your own - without the executor - you would likely be breaking the law and could be prosecuted.  The executor is like a trustee of the property until it is dispersed according to the will.  If you take it out without her knowledge or approval, you are guilty of theft.  It doesn't matter whether it's something you would have gotten or not - it isn't yours until the executor signs off on it unless it goes before a judge and he or she signs off on it.

Answer 3

Tough situation (it happened to me last year). You all need to document the contents so they can be fairly divided or disposed of. They are in her house, but do not belong to her (or any of you) until the necessary probate papers (inventory, distributions) are completed. Get together for a preliminary walk-through, and video-tape as much as you can, "for the record," not as a threat. If permission is denied, get a lawyer, as it clearly indicates some distrust and will only get worse as the disputes start.

Remove the valuable contents of the house as soon as possible, and put them into storage (under lock by executor).  This not only relieves her of having you in "her" house, but also starts the process of sorting and moving.  We rented three separate units and each moved things together (no hiding anything), then re-arranged them for a week, until we were satisfied they were fairly distributed. Then we contracted everything else in the house to an auctioneer and split the proceeds.