Can My Deceased Father's Girlfriend Keep Our Family Out of My Dad's Home

My question involves estate proceedings in the state of: Tennessee

My dad passed away a few weeks ago. I was his POA and I'm the executor of the will. He had lived in a home that he owned solely. A woman had lived with him in that home for the last 5 or 6 years. In the will, everything goes to my sibling and myself. The one thing my dad gave to this woman was to be able to live in the home up to 90 days. She has made it clear through her attorney that none of my dad's family is allowed on the property for that 90 day time period. I'm not so worried about what she will do or take but she has an unemployed 40 year old son that she has moved onto the property. She had tried unsuccessfully to move him in while my dad was still living but my dad had been adamant that this man could not live in his home.

I'm beyond frustrated and worried sick over family keepsakes that may or may not be in the home when we finally get possession of it. I haven't been allowed to take inventory either and that's a concern.

What do I do if anything?

We made a monetary offer for her to move early but our terms were not accepted.

If you allow her attorney to obstruct your rights as executor, it's time to hire an attorney to assist you. Once you file to open probate and are actually appointed executor, you can obtain the courts assistance in being able to inventory the estate. Until you are appointed exec by the courts, you have no rights to do anything with your father's estate.

So, have you opened probate?

Have the courts actually accepted your nomination as executor?


Unless both answers are yes, take care of that first. Then, start exercising your duties and obligations as the exec and get that inventory. If you are blocked, then get the court involved and get an order to allow your entry for the purposes of fulfilling the obligations of your office.

Yes to both. I was in court this past week.

then if you are not granted access to inventory his estate, either hire a lawyer to be the bulldog or get with the court so they can address the issue of being denied access to your father's estate. Unless the woman has a valid basis to deny you access, then they don't get to deny you access.