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N Cal Attorney
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8118
Experience:  Since 1983
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DOES THE FIRST BORN CHILD(SON)HAVE MORE RIGHTS OVER ESTATE?

Resolved Question:

DOES THE FIRST BORN CHILD(SON)HAVE MORE RIGHTS OVER ESTATE? Also,if the oldest has a key to parent that passed home can he go into the home?
Submitted: 11 months ago.
Category: Estate Law
Expert:  N Cal Attorney replied 11 months ago.
May I ask if the parent left a Will?

Under what circumstances did the oldest obtain the key?

Was the parent the only one using the house?

Do you know how legal title to the house is held?
Customer: replied 11 months ago.

1) yes


2) parent gave it to me long ago..


3) yes


4)no


 

Customer: replied 11 months ago.

The title to parent home is in his name(father that passed)

Expert:  N Cal Attorney replied 11 months ago.
What did he say when he gave you the key?
Customer: replied 11 months ago.

it was for if he locked himself out of home again so I could get him in again.

Customer: replied 11 months ago.

the I was to have it in case he locked himself out again .he had done this often

Expert:  N Cal Attorney replied 11 months ago.
Do you have a copy of the Will, or do you know who was nominated as Executor?
Customer: replied 11 months ago.

no copy of will and do not know who executor is. Sister just said they know there is a will.

Expert:  N Cal Attorney replied 11 months ago.
My opinion is that it would be appropriate for you and a sibling or at least a witness to enter the house and videotape the contents just so there is no argument later about supposedly missing items. The Will may be in the house, or there may be papers indicating where to find it, such as correspondence from an attorney. There may also be life insurance documents and other important papers in the house that need to be reviewed and there may be bills there to be paid.

Someone needs to secure the house and check on the condition of the property there. Otherwise, food may be rotting and other damage may be occurring. It may be necessary to cancel subscriptions.

You can get a free consultation from some of the probate lawyers listed by location here.

Based on the fact that he gave you a key, my opinion is that you do have the right to enter the house.

The oldest child does not have any rights superior to the other children.

I hope this information is helpful.
N Cal Attorney, Attorney
Category: Estate Law
Satisfied Customers: 8118
Experience: Since 1983
N Cal Attorney and 3 other Estate Law Specialists are ready to help you
Expert:  N Cal Attorney replied 11 months ago.
Thank you for the positive rating!

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