Legal Question in Wills and Trusts in California

Re: Probate related legal question?

I am in Orange County.

Here's the thing. You need to offer your mother's will to probate and ask the judge to appoint you as the executor. As executor you will have the power to evict your brother.

Until then you can try to work outside the system by calling the police. You'll have a better chance if you actually live in the house. Since your things are there, the police might assist in gaining you access to move your stuff.

In probate you might be able to charge your brother rent for the time he took sole possession and control of the house. You should talk to him about that right now. He might agree to work things out rather than have his share of the proceeds eaten up in back rent.

I'll be in the office all day tomorrow. If you want additional information or would like to get started with the probate just call.

Re: Probate related legal question?

You will have to get the house probated. Right now it is owned by your mother's estate and he is the tenant in possession. A duly appointed representative of the estate can get access to the house, but not you at this time. Hire a lawyer and probate the estate. NOW.

Re: Probate related legal question?

First you need to do a probate of the Will. You can then ask the Court to order the property sold and the proceeds divided. Don't do self-help. This DOES need the probate Court to get resolved. I would be happy to represent you.

Re: Probate related legal question?

The way that you get title changed or sold with real property is to open a court probate.

You should get an attorney to open a probate. The attorney is generally paid out of the proceeds of the estate.

Since you cannot agree on the house, it is likely that the court would permit a sale of the house with proceeds split pursuant to the will. It is possible that your brother would be charged for rent for the time he has spent in the house which could reduce the amount that he would receive.

Gather your documentation including the will (original if possible), certified copy of death certificate from the County, and any other documents regarding assets belonging to your mother when she died.

Let me know if you would like to discuss this.

Re: Probate related legal question?

To answer your actual question dealing with your Brother locking you out... It is complicated, but he most likely has the right to secure/control his domicile. Your Mother's estate is the owner of the property, not you or your brother. Your Brother is living there, hence it is his residence at the moment (whether legally or not). As someone else stated, he probably owes rent to the estate. However, your ability to legally get into the premises, will most likely require a court order or his consent. Hire the attorney and get this stuff filed.