Can we legally enter my deceased brother’s home to find his Will?

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Can we legally enter my deceased brother’s home to find his Will?

My brother died. He livedwith his unmarried partner of 20 years. The Will is not there. She knows the locked metal box in which he keeps his important papers and believes it is in another of his homes put-of-state. My brother has 2 daughters who reside in that other state. Can his partner, who is the only person with key to the second home, enter the house to obtain the Will? Can she ask for a police escort?

Asked on February 5, 2012 under Estate Planning, California

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 10 years ago | Contributor

If she has no legal right to the home, then really she would need a civil escort to help her locate the will. She can also seek counsel to help her with this duty. If she is not civil with the daughters or the daughters simply will not allow her to enter, she really needs a lawyer. Other than that, perhaps other family members can help with this process. If no will is found or if she is certain a will exists, then she can begin the probate process and file motions through the court to force her entry to locate the will.


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