Legal Question in Wills and Trusts in California

probate

Mother dies. Leaves 60% of her house to her son and 20% each to her daughter's children.

Daughter is executor.

Daughter will not allow her brother access to the house he now owns, nor the majority of it's contents, which the son also inherited.

Is the executor obligated to provide beneficiary with a key to the house?

What would be the course of action if she doesn't?


Asked on 8/12/07, 6:40 pm

2 Answers from Attorneys
George Shers Law Offices of Georges H. Shers

Re: probate

already answered.

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Answered on 8/12/07, 10:30 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: probate

No. A will is not self executing. The will needs to be probated and ultimately the proper disposition of the house and its contents made. In fact, the executor has an obligation to preserve and protect the assets until distribution according to the will is approve by a court order.

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Answered on 8/13/07, 1:50 am


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