Legal Question in Real Estate Law in California

My son died 11-29-09 he was not married and his girlfriend won't give me his peronal belonging. He also had just bought a semi auto 45 and it was regestered in his name and she said she won;t give that either. I had police go with me to his house and her sister told the sherriff that the gun was indeed with his girlfriend. What do I do? I went to court house and they said an injuntion help me please.


Asked on 2/10/10, 4:37 pm

2 Answers from Attorneys
James Bame San Diego Law Office

I am sorry to hear of the loss of your son. Did he have any children or leave a will? If not then you (his parent(s) woud be his intestate heirs. With a certified copy of his death certificate and a declaration drafted according the the probate code you are entitled to his possessions (assuming his estate is valued under $ 150K). Upon presentation to the holder of his property, his property should be released. If she fails to release the property then she is guilty of conversion. Whether or not the sheriff would help you retrieve the property then I don't know. It would be worth a try. If not, then you have civil remedies which may may result in a judge's order to release the property under threat of the penalty of contempt of court. Contact me directly.

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Answered on 2/15/10, 5:50 pm
Terry A. Nelson Nelson & Lawless

You file a probate action for his estate, and obtain a court order making you in charge and an order for possession of his property. Your problem is cost effectiveness. If he has no substantial assets, this might cost more than it is worth. Talk to a local probate attorney.

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Answered on 2/17/10, 2:30 pm


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