Legal Question in Wills and Trusts in California

Assets in inheritance

Parents passed away in 2001 with Will properly probated and distributed, with the exception of parents' personal property. Will states this property to be evenly divided between myself and my sister. Due to her emotional stress at the time, nothing was divided. I would like to divide this property now, but she will not allow me access to my parent's home (we both own it) and has accused me of stealing some valuable items (which is odd since I do not have access to the house since 2001). It is likely that she has sold or appropriated these ''stolen'' items, so I am really anxious to divide the property. What can I legally do to force her to divide this property?


Asked on 7/25/07, 4:39 pm

2 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

Re: Assets in inheritance

If some third party handled the probate contact them and tell them the situation and see what they will do. The Probate Court still should have jurisdiction to handle the matter since it has never been fully resolved. Write your sister a letter saying that you are entitled to equal access to the house and her refusal to divide the personal property or let you in is now over. If she does not allow you access, you will get a Court order and seek sanctions against her. As half owner of the house you can force its sale through a partition action which you might as well do since you do not get to see or use the house. Tell her that she can have any rational person go with you through the house; take a camera to record what is still threre of value and any major damage, and of you leaving with nothing being taken away by you. If your sister uses the house as a place to live, she should be paying you half the reasonable amount of rent for the house.

Do not delay anymore; one you start to push her keep up the pressure. Good luck.

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Answered on 7/26/07, 12:37 am
Mitchell Roth MW Roth, Professional Law Corporation

Re: Assets in inheritance

I assume the estate distributed the home to you and your sister as tenants in common. If so, you can enter. If you are locked out have a locksmith open. You should reopen the probate to litigate the personal property issues if need be. Go to your probate lawyer.

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Answered on 7/26/07, 9:22 am


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