Legal Question in Wills and Trusts in California

Aunt's Estate
My husband's Aunt passed away in Fresno County without a will November of 2007. An attorney hired by the'' cousin'',who wants to be administrator,called last week stating that my husband and his brother are the legal heirs to the estate since she was divorced, never had any children and her parents and siblings are deceased. He told my husband that this ''cousin'' (legally a step-cousin to the Aunt) wants to buy the house that his Aunt owned. The Aunt was on Medi-Cal so we allready figure the state will take any money from the sale of the house which the lawyer has said is a possibilty, but what happens to the personal property at his Aunt's house? The''cousin'' admitted she took his Grandmothers wedding rings as well as let other ''cousins'' take personal property out of the house as she felt appropriate. How is the decedent's personal property handled in California? Here in Texas the executor is accountable to each heir as to what happened to any money or personal property. Will his cousin as administrator have to do the same? Can my husband ask her for an accounting of property, etc? Can the administrator dispose of the property as they see fit without giving the heirs any belongings such as family photo's, heirlooms, etc? Thank-you

Asked on 6/19/08, 7:45 am

2 Answers from Attorneys

Cheryl Rivera Smith The Smith Law Firm

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Re: Aunt's Estate

California works pretty much the same way Texas does. Your husband needs to hire an attorney in Fresno County and get appointed to act as administrator the fees can be taken from the sale of the property upon court approval. "Cousin" has an obligation to pay market value for the items removed, if she fails to do so, and if the value is under $5,000 (CA limit) she can be sued in small claims court. Although prices have come down substantially in Fresno Co., I would guess "Cousin" is looking for a bargain in the real estate. Please consult with a probate attorney in Fresno Co. and go over the facts with him or her - many will give a free initial phone consultation.

Answered on 6/19/08, 8:36 am

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