Legal Question in Wills and Trusts in California

The claimed spouse has changed the lock and garage door opener to the house of my deceased brother. His son has no key or access to the house. Can she do that under probate ? My nephew has lived there way before her. He is the heir to my brother estate. But the step-mother refused to let him in the house. Is it lawfully wrong ?

Asked on 10/31/13, 4:49 pm

2 Answers from Attorneys

Scott Jordan Dunning Law Firm

You have not provide enough information to make a determination.

Did your brother and his wife own the house jointly? Did your brother own the house before he married the new wife? How do you know your nephew is the heir to your brothers estate? Did your brother have a trust or a will?

Assuming that the house belonged to your brother as his separate property, your nephew may have some rights to claim the house. I suspect that he will need to file a probate action to determine who is entitled to what.

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Answered on 10/31/13, 5:49 pm

Timothy McCormick Libris Solutions - Dispute Resolution Services

Mr. Jordan is correct. In addition, you have now asked several questions that cannot even begin to be answered without knowing if there is an open probate, if so whether an administrator and if so who it is. If there is an administrator, they have extensive rights and powers unless challenged in the probate court.

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Answered on 10/31/13, 7:15 pm

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