Q: My father has passed away a few days ago My brother and myself are the ones who get his stuff when he passes
My brother took my father's laptop I believe his will is on there my brother is refusing to let me even go on the laptop he has hidden it whqt can I legally do to be able to go on the laptop
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- California
- (916) 704-3009
- View Profile
- Answered
A:
In California, handling disputes over a deceased person's possessions, especially when it involves a potential will, is a sensitive matter. It's crucial to approach this with an understanding of your legal rights and options.
First, try to resolve the issue amicably with your brother. Explain your concerns and the importance of accessing the laptop to verify the existence of your father's will. Open communication can often resolve such disputes without legal intervention.
If this doesn't work, you may need to take legal steps. The will, if it exists, dictates the distribution of your father's assets, and denying access to it can be problematic. You have the right to seek legal recourse to ensure that your father's wishes are honored.
Consider consulting with an attorney who deals with estate matters. They can guide you on how to proceed, which may include legal action to gain access to the laptop. This could involve filing a petition in probate court to compel your brother to produce the laptop for examination.
Remember, the goal is to ensure that your father's final wishes are respected and that the estate is distributed fairly and according to his will. Legal intervention should be considered as a means to uphold these principles if other efforts fail.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
