Okay, I understand.
Allow me to explain how probate
works and what one's options are here.
When someone passes away, then their estate
has to be distributed. The problem is that without probate - with assets such as titled property or bank accounts - this is hard to do. This is because you cannot switch over the assets without an order from the probate court, and simply a Certificate of Death will not do. A Certificate of Death simply states that someone has passed on, but does not give you the right to really do anything in the deceased's name.
So one files probate. Once probate is filed, the Executor of the estate gets something called a Letter of Testament/Administration
(hereinafter "Letter"). This Letter will allow the Executor to switch over the assets from the deceased individual to whoever will own the property. It is like a "Power of Attorney," but from the Court. Without that Letter, there is no way to transfer titled property and switch the assets into the beneficiaries' hands.Another part that the Executor plays is distributing non-tiled property as well, in accordance to the Will, if any, and if not, then by default succession laws
. Under them, you and her would each get half if no other siblings exist, and if the decision as to what half is exactly is up to a Judge if the two of you cannot agree.
Now, what someone in your situation wants to do first is to ASK her:
1) Did he have a will? Do you know? If so, can I see a copy?
2) I want to also enter the property. Let's do it together.
Unless the Will specifically makes her an Executor, nothing states that SHE has to be the one to enter the property, or, both of you cannot. The landlord is acting out of default doctrine, but whoever is executor can override this, or if both of you agree, then both can enter.
If she is executor and does not give you half, or, whatever is left in the decree if anything, you may seek relief in Court.
I hope this helps and clarifies. Good luck.
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