QUESTION
What can we do if my father left his condo to me in his will and his wife won’t let me in to get his belongings?
Asked on Feb 25th, 2014 on Estate Planning - California
More details to this question:
My father passed in December. He left his paid for condo to me and my siblings in his will. Also in his will he left us all of the family heirlooms. We are being nice and letting his wife of ten years stay there but she has changed the codes and will not let us enter the condo to get his belongings. She called the cops on us when we went to get them. The cops allowed us to get one box of belongings then we had to leave even though it’s our condo. What are our rights? We definitely want her out now, but we are afraid she is going to steal some of his belongings or damage things.
16 ANSWERS
Criminal Defense Attorney serving Alhambra, CA
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Francis John Cowhig
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Your question requires an attorney consultation. It is not a simple question that can be answered on this type of forum. There are many factors that would need to be considered and evaluated. Was the will probated? Is there a final adjudication of the probate? I strongly suggest that you contact an experienced probate attorney for a face-to-face consultation and give him/her all of the facts surrounding your situation. (S)he would then be in a better position to analyze your case and advise you of your options.
Answered on Feb 28th, 2014 at 7:06 PM
Edwin K. Niles
Has the will been admitted to probate? If so, don?t you have a lawyer? If not, why not? See your lawyer; you may need a court order.
Answered on Feb 27th, 2014 at 4:39 PM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Obtain the services of a probate litigation attorney to obtain a restraining order on the former wife to keep her from entering the condo.
Answered on Feb 27th, 2014 at 4:39 PM
Business Planning Attorney serving Livonia, MI
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Frederick & Frederick Attorneys at Law
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Unless it is clearly stated in the documents, the right to a property does not include the right to the contents. The wife would be entitled to any and all contents. She would not be entitled to fixtures. If you are concerned about this, then you need to meet with an attorney to determine how best to proceed.
Answered on Feb 27th, 2014 at 4:39 PM
You will need to evict her. You should consult a real estate attorney for assistance.
Answered on Feb 27th, 2014 at 4:38 PM
Submit a petition to the probate court requesting authority to have your father's wife removed from the property. She has a legal obligation to return the family valuables to the executor of the estate immediately and she is liable for any damage or loss to anything that isn't hers. However, since your father has so recently passed away, the court will probably grant her a temporary reprieve to live in the condo until she can make other arrangements or until the estate is closed.
Answered on Feb 27th, 2014 at 4:38 PM
3 Awards
In Nevada it depends upon the value of his estate. It is possible that the Will is trumped by state law and all goes to wife. I suggest that you meet with an attorney to address your rights, if any.
Answered on Feb 27th, 2014 at 4:38 PM
Personal Injury Attorney serving Kent, WA
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Law Offices of Wayne J. Wimer, Inc. P.S.
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Commence a probate action immediately, and let the court decide what the new wife can and cannot do.
Answered on Feb 27th, 2014 at 4:37 PM
Creditor's Rights Attorney serving Clayton, MO
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Fluhr & Moore, LLC
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You will need to probate his will in order to get the condo. You will need the services of an attorney and I suggest you go as soon as possible. If you do not open the estate timely, you may have a problem getting the condo.
Answered on Feb 27th, 2014 at 4:37 PM
Probate Attorney serving Newport, OR
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Minor, Bandonis & Haggerty P.C.
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Don't be nice any more. Wife has the right to stay there for a year. Open probate, and get a judgment of the court saying that she must deliver his property to you.
Answered on Feb 27th, 2014 at 4:36 PM
Litigation Attorney serving Bakersfield, CA
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Dessy & Dessy
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You are going to have to give the wife a 60 day notice to quit, and then follow up with an eviction action if she fails to move in that 60 days. There is no simple way to address your concern about your father's wife stealing and or selling heirlooms, before she is evicted. If there is some significant value to those heirlooms, you could commence a regular civil action instead of an eviction action and obtain emergency orders changing possession to you, if you have sufficient knowledge of the precise nature of the heirlooms in question. In the interim, you would be well advised to Google your father's wife's phone number to see if it shows up in places like Craigs list and shows she is selling items, so you can provide that information to a judge, if appropriate.
Answered on Feb 27th, 2014 at 4:36 PM
Immediately hire an attorney specializing in estate matters.
Answered on Feb 27th, 2014 at 4:35 PM
Thomas Edward Gates
You need to have someone be appointed Executor of his estate. That way you can obtain a court order for access to the condo. Retain a probate attorney to assist you.
Answered on Feb 27th, 2014 at 4:35 PM
Commercial Attorney serving Chicago, IL
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Ashcraft & Ashcraft, Ltd.
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You will have to open an estate. The representative appointed in the estate can begin eviction proceedings or work out a more peaceful transition. The spouse does have rights of revocation as to assets in the estate. The spouse also has a spousal support claim against the estate. If the other assets in the estate are not sufficient to pay such claims then the real property will have to be used in the payment of the claims.
Answered on Feb 27th, 2014 at 4:34 PM
Commercial Contracts Attorney serving Boise, ID
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Peters Law, PLLC
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You need to go into the probate case and get an order requiring her to give you and your siblings your belongings. Talk with the probate attorney about it.
Answered on Feb 27th, 2014 at 4:34 PM
2 Awards
Go to court and get legal authority to change the locks. You will need this authority to sell or transfer the property anyway, so you might as well get it now.
Answered on Feb 27th, 2014 at 4:34 PM