Legal Question in Wills and Trusts in California

Hi my name is Apryl.

My sister passed away intestate in California. She has a 401k but her employer will not release who the beneficiary is because she is out on medical leave. My sister also owned a house and a car with her boyfriend. She also has a joint credit card with him. We would like to know what was hers and split everything evenly. Her boyfriend's parents have been going through her mail and trying to get access to her bank accounts. We would like to know where to start with taking care of her estate. Thank you.


Asked on 12/17/12, 10:35 pm

2 Answers from Attorneys

Victor Waid Law Office of Victor Waid

You need to obtain yourself a probate lawyer immediately so you don't lose control of the assets of the estate, even though her boyfriend may be entitled to some or all of by reason of joint tenancy title assets. The situation you are facing is ripe for fraud or a ripoff of assets by the parents of the boyfriend since you are not in the local area of where your sister died to take control and itemize / martial assets and determine ownership.

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Answered on 12/18/12, 10:20 am
Rosemary Meagher-Leonard Law Office of Rosemary Meagher-Leonard

Apryl,

I'm sorry for your loss. As Attorney Waid advises, your family should retain a Probate lawyer sooner rather than later. A Probate of your sister's estate is probably necessary to secure her assets, pay off any creditors and distribute her property to her heirs at law. Some of her property may not be subject to Probate, depending on how she held title to the house, the car, bank accounts and/or her 401k. If the house is in joint tenancy, then the boyfriend would be entitled to it, as her surviving joint tenant. If it is held as tenants in common, for example, her heirs at law would be entitled to her share of the property.

It is very worrisome that your sister's boyfriend's parents are trying to access her bank accounts. The boyfriend's parents are not your sister's heirs at law. They have not been appointed as estate administrators and have no authority to do so. If successful, they could unlawfully obtain her money.

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Answered on 12/21/12, 3:55 pm


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