Legal Question in Wills and Trusts in California
My father's estate has been closed, and the executor and I were each made 'tenants in common' to his residence property. Time and time again, the executor has refused to allow me entrance and/or a key to the home.
Seeing as I have a Judge's order stating that I am 'tenants in common' with the executor, can I hire a locksmith to make me a key? Would I be within my legal right to do so? I intend to sue the executor for several breaches: There is an OSC hearing set, but do I have to wait until the hearing has passed and then file suit or can I do it now?
I'd appreciate an opinions offered. Thank you.
2 Answers from Attorneys
Was the executor also given a "Life Estate"? If not, then you do have many rights as a co-owner of the property. One option is a partition action whereby you force the property to be divided and if that cannot be done, which is the case with a single family home, then the property is sold and the parties divide the proceeds. As for the OSC, you haven't provided any information as to what that is about. You should meet with an attorney and if the OSC requires a response from you, you need to do so in a timely manner.
You need to speak to an attorney. I don't know why Mr. Feldman mentions a life estate, it is clear from your post that you received a tenancy in common.
It sounds to me like you have an "ouster" problem. That triggers the five year time limit for the other tenant in common to begin the clock running for a claim of adverse possession. Ouster is the opposite of permission. It is obvious that you want to occupy the property, the other tenant in common is blocking you, and you are not giving permission for this.
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