Q: My father died without a will.  Can his children just come into his home and take what they want?

A: No.  No one has the legal right to take any of your father's presonal property.  His property, this "things," belong to his probate estate.  If the estate is large enough to require probate then only the executor or the administrator of the estate has the legal authority to take control over your father's personal property.  If anyone takes it then the executor can sue the person who took it to make them return the property and, in some circumstances, have to pay twice the value of the property taken from the probate estate.

The Grossman Law Firm, A.P.C. are San Bernardino, California probate lawyers.  We help probate estates in San Bernardino County, California.  We appear in the Redlands probate court for cases from Rancho Cucamonga, Ontario, Fontana, Rialto, San Bernardino, Victorville, Hesperia, Apple Valley, Loma Linda and Redlands, California. If you  would like more information on probate and trust administration then order our free book The Insider's Guide to California Probate and Trust Administration as well as our free DVD Probate a Will or Administer a Trust After the Death of a Loved One.