Legal Question in Wills and Trusts in California

The estate has been closed, and the Judge ordered that the executor and I are now Tenants in Common in relation to our father's home. I have been denied access to this home by the executor for years. Now that the estate has been settled, do I have a right to ask for a key to access the residence? The executor has thus far refused to give me a key. Can the the executor refuse to comply? Do I have any rights here? Any answers would be greatly, greatly appreciated.


Asked on 3/17/11, 4:28 pm

3 Answers from Attorneys

Eliz. C. A. Johnson Eliz. C. A. Johnson

If you are an owner, you are absolutely entitled to access. It is better if you can work it out with your tenant in common but if not, the police may be able to help you. Be sure to have your papers showing ownership.

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Answered on 3/17/11, 4:31 pm
Kurt Seidler Law Offices of Kurt A. Seidler APC

I agree- go to the courthouse and get what is called a certified copy of the court order distributing the property to you and have it with you when you show up. A call to the police to warn them in advance of any anticipated disturbance of the peace is usually appreciated by same.

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Answered on 3/18/11, 8:24 am

You can also sue the person denying you access for unlawful detainer money damages for as long as they deprive you of possession and occupancy.

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Answered on 3/18/11, 9:56 am


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