My father's estate has been closed, and the executor and I were each made 'tenants in common' to his residence property. Time and time again, the executor has refused to allow me entrance and/or a key to the home.
Seeing as I have a Judge's order stating that I am 'tenants in common' with the executor, can I hire a locksmith to make me a key? Would I be within my legal right to do so? I intend to sue the executor for several breaches: There is an OSC hearing set, but do I have to wait until the hearing has passed and then file suit or can I do it now?
I'd appreciate an opinions offered. Thank you.
You need to speak to an attorney. I don't know why Mr. Feldman mentions a life estate, it is clear from your post that you received a tenancy in common.
It sounds to me like you have an "ouster" problem. That triggers the five year time limit for the other tenant in common to begin the clock running for a claim of adverse possession. Ouster is the opposite of permission. It is obvious that you want to occupy the property, the other tenant in common is blocking you, and you are not giving permission for this.
You need to speak to an attorney. I don't know why Mr. Feldman mentions a life estate, it is clear from your post that you received a tenancy in common.
It sounds to me like you have an "ouster" problem. That triggers the five year time limit for the other tenant in common to begin the clock running for a claim of adverse possession. Ouster is the opposite of permission. It is obvious that you want to occupy the property, the other tenant in common is blocking you, and you are not giving permission for this.
