have key will travel

[bluebird54]

What is the name of your state? ca
My mother died of cancer recently. My brother was living with her and he says the house and everything in it is his. He will not let us in to look for a Will or Trust. She said she had both but would not tell anyone where they were. He is on drugs and we know he had been stealing from her while she was alive. If there is a Will he has probably destroyed it. Do we siblings have a right to go into the house to look for information (trust ,will etc) with out being arrested ? I have the deed to her house and it is in her name only not in a trust?
Thanks

 

[rmet4nzkx]

What is the name of your state? ca
My mother died of cancer recently. My brother was living with her and he says the house and everything in it is his. He will not let us in to look for a Will or Trust. She said she had both but would not tell anyone where they were. He is on drugs and we know he had been stealing from her while she was alive. If there is a Will he has probably destroyed it. Do we siblings have a right to go into the house to look for information (trust ,will etc) with out being arrested ? I have the deed to her house and it is in her name only not in a trust?
Thanks

I suggest you get over to the probate section of your county's Superior Court and open a probate case. Also check with the recorder's office and tax offices, usually you can do this on line, and see if there are any changes of which you are unaware. After you are made administer of her Estate, you can gain entry to her house and he will have the same rights as a tenant, so if you evict him, it will have to be following the normal leagal course. Consult with a probate attorney.

 

[bluebird54]

Thank you rmet4nzky, I have hired a probate attorney. He is so-o-o ho-hum, he says" I'll write him a letter and if he does not respond I will petition the court to have you made executor" Well ,in the mean time any and everything will turn up missing (the morning after her death he already had taken truck loads of stuff from her house,literally). The thing of it is ,the $$$$ are not what we sib's are wanting it is the stupid sentimental stuff like mom's favorite sweater,etc. But since he has threatened me I hate to go over thereand get arrested.

 

[BlondiePB]

Thank you rmet4nzky, I have hired a probate attorney. He is so-o-o ho-hum, he says" I'll write him a letter and if he does not respond I will petition the court to have you made executor" Well ,in the mean time any and everything will turn up missing (the morning after her death he already had taken truck loads of stuff from her house,literally). The thing of it is ,the $$$$ are not what we sib's are wanting it is the stupid sentimental stuff like mom's favorite sweater,etc. But since he has threatened me I hate to go over thereand get arrested.

Fire your ho-hum attorney and hire one that will immediately petition for you to be executor of mom's estate, which will be intestate until/unless her valid will is found and filed with the court.

 

[BelizeBreeze]

Thank you rmet4nzky, I have hired a probate attorney. He is so-o-o ho-hum, he says" I'll write him a letter and if he does not respond I will petition the court to have you made executor" Well ,in the mean time any and everything will turn up missing (the morning after her death he already had taken truck loads of stuff from her house,literally). The thing of it is ,the $$$$ are not what we sib's are wanting it is the stupid sentimental stuff like mom's favorite sweater,etc. But since he has threatened me I hate to go over thereand get arrested.

You tell this jackass attorney First thing tomorrow that He WILL file probate and for letters testimentary IMMEDIATELY and if he doesn't you'll do so yourself.

Then you tell this idiot to write an eviction notice to brother.