Legal Question in Wills and Trusts in California
Without a Will
My father died and to the best of our knowledge he had no will. I have heard there is a document stating that my brother be the adminstrator of his estate. We do know that my father's wishes was that the house be sold and distubuted equally between his four children. My brother has now changed the door locks allow none of into the home. Does he have the right to be be staying in the home? Does he have the right to keep the other siblings locked out, yet allow others to come and go as he pleases? I drove by the home today and noticed several different people entering the home. We just want to protect ourselves from someone that can be quite dishonest. Basically, I am asking is what he has done and is doing by changing the locks and staying in the home? There is nothing stating he has the right to do so...Please give us some guidence. Thanks so much.
3 Answers from Attorneys
Re: Without a Will
I have answered this question the first time it was posted. You have to check at the courthouse, with the probate clerk to see if a probate fo your father's estate has been filed. If it has and your brother is appointed administrator, you should file an appearance in the probate and get a lawyer to represent you and protect your rights. If not, you should get a lawyer to open probate and obtain letters of administration for your to be the personal representative of the estate. You will then be empowered by the court.
If you don't protect yourself, no one will. The law doesn't care unless you appear in the probate to protect your interests.
Re: Without a Will
You need to see an attorney to assist you. One thing the attorney may be able to do is remove your brother as the administrator.
If you need assistance, please do not hesistate to contact me.
Sincerely,
Kai H. Wessels, Esq.
(tel. 877-Wessels)
Re: Without a Will
There are actions that you can take to protect your rights. Since real property is involved it is likely that a probate will need to be begun.
You should contact an attorney near where your father resided upon his death/where his property was located to discuss your options.
Let me know if you would like to discuss this matter.
Caleb
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