QUESTION
Do I have a right to a key to my deceased father's home?
Asked on Aug 29th, 2016 on Estate Planning - California
More details to this question:
I was named trustee of my late father estate which include the sale of the house. My brother who lives there supposedly taking care of it so no one will break in does not want to give me a key. He changed the locks on the house before my father even passed. I had to bring him to live with me.
3 ANSWERS
If the court has appointed you then your title is administrator or estate representative [trustee is for trusts]. If you are only named in the Will but not yet appointed by the probate Court you have very little power to do anything. Assuming your brother is not paying any rent, you should give him a thirty day notice of eviction, as he is too arrogant. He does not own or rent the house and has no right to change the locks, let alone not give you a key. He will be a major pain in the neck and you will not be able to work out any settlement.
Answered on Sep 26th, 2016 at 5:40 AM
Edwin K. Niles
Yes, it is your job to manage the trust assets, as successor trustee. You certainly should have a key. You must always act in the best interests of ALL beneficiaries. You should have an experienced lawyer helping you with trust administration, in order to pass clear title, take care of creditors? obligations, etc.
Answered on Sep 23rd, 2016 at 5:36 PM
Yes and you have the right to evict your brother.
Answered on Sep 23rd, 2016 at 12:50 PM