Legal Question in Wills and Trusts in California

assets and property regarding death in family

We live in Fremont California and my childrens father ( we are divorced) has passed recently, he had no will. His sisters have recently mislead our daughters (his children) sister. They manipulated the date that we were able to enter his apartment so they could rifle through and take all of his valuable items as well as all important financial documents. It seems since the aunt paid for the cremation and is the one that will receive the death certificate not my children, the next of kin. We need to find out how to find all of his assets and the best way to get the belongings back. We are planning to hire an attorney but would like to do most of the research to save on attorney fees.


Asked on 3/08/08, 12:46 am

2 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: assets and property regarding death in family

Hire an attorney and get advice on how to proceed to minimize expenses. That being said, if the attorney you hire represents the estate attorneys fees will be paid by the estate only after review by the court, and are largely statutory based upon the size of the estate.

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Answered on 3/08/08, 11:48 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: assets and property regarding death in family

tell them to return the items they took, set a specific date and time and warn that if they do not you will file a theft report with the police. then follow through.

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Answered on 3/08/08, 1:42 am


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