Can I legally enter my late mother’s home to reclaim property if I’m a beneficiary of her estate?

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Can I legally enter my late mother’s home to reclaim property if I’m a beneficiary of her estate?

My sister is trustee of my mother’s Trust. Previously we split up the furniture, she removed hers but I waited. She is now mad at me so changed the locks at my mother’s house telling me that I will receive 1/2 of the net value of the estate once it settles.

Asked on January 18, 2015 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

No you may not, and what your sister did was wrong, too:

1) No one's entitled to a districution from the estated until it's been settled (e.g. probated).

2) Only the executor (if there is a will) or administrator (no will) can access, change the locks on, etc. the deceasd's home.


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