Legal Question in Wills and Trusts in California

Re: Probate

Beneficiary is not entitled to a key until the Probate is complete. She is required to maintain the house and all his assets within the home, until the Probate is completed. She will have to provide an accounting to all the Beneficiaries as well.

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Scott

Re: Probate

The executor is supposed to act in a neutral fashion, which she clearly is not doing. Has the Will been filed for probate yet? He can start the process himself and request the Court to appoint someone else to be the administrator of the Will because of her past behavior. First he should meet with her and have a detailed discussion, with independent witnesses present if possible, as to why she will not allow him access and if she contilnues why he should not bring an action to partition the property which would result in either his buying the children out or more likely a sale of the house with his getting 60% of the profit.

If the matter has been probated, or at least the property distributed, how is she keeping him out? Who lives there? If she does not live there then he should tel her he is changing the locks since she will not allow him in and because the children are minors he wil not give them a separate keys but he will be available to open the house when they give him reasonable notice. it may be necessary to have the police on stand by if she gets abusive. If he does not stand up to her, his problems will never end. He is probably going to need a probate attorney since he is not willing to confront his sister.

Re: Probate

This is a duplicate. I assume you got my previous answer.