Q: My father passed away, he wasn't married and didn't leave a will. Are my Aunt's allowed to keep his house keys from us?
My father didn't have a will, and only has 2 children. He wasn't married. My Aunts have taken the keys to his home and wouldn't allow me (his son) inside to search for documents necessary for burial. Is that legal for her do given that I'm the son? I researched intestate succession and believe it's not legal for them to keep me and my brother out of our fathers home and not allow us access to his vehicles.
A: If your father left children, those children, not his siblings, are his heirs. Hire a local probate lawyer to help you file an Application for Determination of Heirship and Issuance of Letters of Administration. Once you are appointed administrator of your father's estate, it will be your duty to gather his assets, pay his debts and distribute what remains to yourself and your sibling. The lawyer can also ask the court to require the aunts to turn over the keys so that you can look for a will, life insurance policy, burial contract, etc.
1 user found this answer helpful
A: You are correct. I suggest you take legal action. Consult an attorney as soon as possible.
Tammy L. Wincott agrees with this answer
1 user found this answer helpful
A: No they cannot keep the keys from you. The children are the heirs not the Aunts; siblings are only considered immediate heirs when there are no children. See a lawyer.
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