QUESTION
Do I have the right to change the locks?
Asked on Sep 10th, 2013 on Estate Planning - California
More details to this question:
My dad passed away in 2005 and my mom passed away 2/9/2013 and there was no will. My brothers and sister agreed for me to stay in the house, and I have to pay the property taxes, the homeowners insurance, and transferred all the utilities in my name. Do I have a right to change the locks, because they will not give me privacy, they come and go as they please.
15 ANSWERS
Bankruptcy Attorney serving Florissant, MO
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Law Offices of Thomas Corcoran Phipps
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If the home was in your parents' names, it is part of the estate. If you change the locks, you still have to preserve the house for the beneficiaries.
Answered on Oct 31st, 2013 at 6:11 AM
Appellate Attorney serving Grosse Pointe Farms, MI
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Musilli Brennan Associates, PLLC
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Enter into a rental agreement with the other heir/owners. Make agreements as to the ownership of the contents of the house. Sign a lease and change the locks.
Answered on Sep 13th, 2013 at 4:10 PM
Probate Attorney serving New Orleans, LA
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James G. Maguire
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You can't keep them out since they are co-owners. Try to work out an agreement with them, and put it in writing.
Answered on Sep 13th, 2013 at 4:09 PM
Who is the owner of the house? The family will probably need to probate the estate. The estate should go to the children in equal shares.
Answered on Sep 13th, 2013 at 4:09 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Your information is not clear. Have your siblings given you the right to "stay in the home," or have they given you the right to *have* the home. There is a big difference. If the former, then you are in a similar situation to a tenant. You all own the property together, in that case, and they have the right to possess the property, the same as you would. If the latter, then I would get the title transferred into your name and then you can control what happens, after that.
Answered on Sep 13th, 2013 at 4:09 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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Not really, since you all own the property and each have a right to possession. If you want privacy, either buy them out, sell the place or move and collect 1/3 of the rent.
Answered on Sep 13th, 2013 at 4:09 PM
2 Awards
You need to change the title to your name. Once you do that, you can change the locks. Normally, you'd pay each sibling their share of the property's value.
Answered on Sep 13th, 2013 at 4:09 PM
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I am sorry for your loss. Sounds like the asset need to go through probate. You really have no legal right to be there. I suggest that you speak with counsel about opening an intestate succession administration of your mother's estate. If you plan to reside there during the administration, that should be approved by the Court. You should speak with counsel to address next steps and address the possibility that the property may need to be sold. This information is only intended to give general information in response to an inquiry. It does not establish an attorney client relationship. This response is only based upon the limited facts presented and is merely intended to assist you in determining if you should contact an attorney to provide you with legal advice.
Answered on Sep 13th, 2013 at 4:08 PM
Edwin K. Niles
Have you opened a probate proceeding in court? Unless the property was in joint tenancy, you will have to do so to pass title. Once you have a court proceeding, the question can be put to the judge.
Answered on Sep 13th, 2013 at 4:08 PM
2 Awards
Unless you have an agreement with them that they will not enter the property, they have the same rights to it as you do. If you are paying all the costs however you may want to either insist on a written agreement and the ability to change the locks or insist if they are going to come and go, they share the expenses. You may also want to consider opening probate and selling the house so you can move to some place of your own where you don't have to worry about issues like this that can be ongoing for years to come in the current situation you are in.
Answered on Sep 13th, 2013 at 4:07 PM
Thomas Edward Gates
Since they have agreed that you stay in the house, you may change the locks.
Answered on Sep 13th, 2013 at 4:07 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Actually, a tough question, and not all the facts needed to answer are in your post. In almost all cases, you are better off not owning real property jointly with your siblings. It will blow your family up, if it hasn't already. Sell the house, take the cash, find somewhere to live. Usually, you're not allowed to exclude co-owners from the property. At least, get a written agreement with them allowing you to stay there, and guaranteeing you peaceful enjoyment of the place. Finally, do not spend any money on improvements; if you build a deck or add on or something, you'll never recover the money spent and your siblings will take their share smiling.
Answered on Sep 13th, 2013 at 4:07 PM
If they are co-owners they have a right to enter the premises. If you want them to stay out, you need to enter into a tenant in common agreement, lease or rental agreement giving you exclusive possession.
Answered on Sep 13th, 2013 at 4:07 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Yes you are a tenant of the estate and can change the locks as if you are renting the property.
Answered on Sep 13th, 2013 at 4:06 PM
Admiralty / Maritime Attorney serving Monrovia, CA
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The Law Office of Nathan Wagner
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You can change the locks. But they will be entitled to charge you rent. You could agree to count the taxes and insurance toward the rent.
Answered on Sep 13th, 2013 at 4:06 PM