Fairfield, CA asked in Estate Planning for California

Q: My dad passed away no will single and I'm the only child what are my rights

my dad lived in my grandmother's house when he passed my aunt changed the locks and told me that she has power of attorney over my grandma and I need to stay out of the house how do I get his belongings back

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1 Lawyer Answer
Nina Whitehurst
Nina Whitehurst
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: To do this right, you need to hire a probate attorney to open a probate of your dad's estate and ask that the court appoint you as the executor. Then, as executor, you will have the power of the probate court to back you up as you demand access to gather up your dad's things and distribute them according to the laws of intestate succession. If he died with no surviving spouse, most likely, yes, you are the sole heir if you are the only child he ever fathered.

James Edward Berge agrees with this answer

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