Legal Question in Wills and Trusts in California

He cannot legally change the locks when she dies. Assuming that the house is in her name, and not that of a trust, the only way to change ownership is through the Probate process. Even though he may be named as the person to receive the house, the creditors have the right to be paid from her estate. Furthermore, you will need to determine if any money might be claimed by the State of California for MediCal payments on her behalf. Let him know that if he attempts to make any changes to the property, such as changing locks, he will be trespassing and that you will file a criminal complaint against him.

I'm having a real problem following this one. Am I missing something here?

You mention divorce papers, but do not identify what they are. A judgment of dissolution usually terminates the status of a married couple, and sets forth their property rights in a division of property. It does not, however, dictate where property goes once someone dies. That is the function of probate court and a will.

If the will was executed during the marriage, and the divorce came later then divorce constitutes a revocation by operation of law, and invalidates and gift to your aunt's ex-husband. "Unless the will expressly provides otherwise, if after executing a will the testator's marriage is dissolved or annulled, the dissolution or annulment revokes all of the following: (a) Any disposition or appointment of property made by the will to the former spouse." (Prob. Code, � 6122 subd. (a)(1).)

As executor, you have the right as well as the duty to preserve estate property. YOU can change the locks if necessary, IF the house is part of the estate.

Mr. Roach's answer, tho, makes me wonder if the marital settlement agreement could have provided that your aunt and her ex would continue to hold the property in Joint Tenancy with right of survivorship. If so, it will NOT be part of the estate. You need to get hold of copies of the deed, the marital settlement agreement, your aunt's will and any other estate planning documents, and consult a lawyer.