Emeryville, CA asked in Real Estate Law, Landlord - Tenant, Probate and Estate Planning for California

Q: What rights do me and my siblings have to my fathers property and possessions?

His live in girlfriend has his vehicles, all his personal property, information we need to close his affairs, jewelry, safe, and is living in the home my grandparents left to my father. They do not have any children together. She won’t let us in his home.

1 Lawyer Answer
Bruce Adrian Last
Bruce Adrian Last
  • Estate Planning Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: Emeryville:

I would meet with an attorney about this. To legally gain access, you will need to have an administrator of his estate appointed. If there is some urgency, the court can also appoint a special administrator to take care of things until the court hearing on the general administrator's appointment. The special administrator then can take actions in the interim, such as securing his property.

As an FYI, the girlfriend may have some tenancy rights which will depend on the circumstances. Since California forbids "self help" evictions (like changing the locks), and eviction law can be tricky, attorney assistance is recommended.

If you need to find an attorney, you can try your local county bar association's attorney referral service. For a low or no fee, they match you with an attorney who will give you a consultation.

Good luck.

Gerald Barry Dorfman agrees with this answer

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