Legal Question in Wills and Trusts in California
Bequeathed items being sold for drug $$, Beneficiary not benefiting
My boyfriends Uncle died labor day wkend. He left a will, I was a witness, in it he left his ''Common Law'' wife household stuff and a vehicle. To his nephew he was giving a truck & 2 lg. tool boxes w/tools worth @ least $20000. My boyfriend collected the truck while the ''wife'' was in jail. It is in a safe place, but it turns out the title is now in her name & hasn't been registered since 2001. The title changed in 2003. She's threatening us with grand theft, although the P.D. says it's a civil suit. The tools supposedly have been sold. Although I have no definitive word on their whereabouts. Is it possible for us to keep the truck and get the tools back (even if they have been sold, they weren't hers to sell)? What can we do? In our favor the ''wife'' has been in & out of jail. The executor Unc's brother has been useless not doing anything to help or take responsibility.
3 Answers from Attorneys
Re: Bequeathed items being sold for drug $$, Beneficiary not benefiting
You need to find out if a Probate was opened by the uncle. If not, then one needs to be.
There is no such thing as a "common law" wife in CA. He was free to leave her property, but since she is not a legal wife, everything must go through Probate.
Please feel free to call me at my office to discuss the facts of your situation and how to begin a Probate proceeding at 626-578-0708, extension 4.
I can also be reached through our firm's website at www.No-Probate.com.
Scott Linden
SCHOFIELD & GROSSMAN
Re: Bequeathed items being sold for drug $$, Beneficiary not benefiting
just get an attorney to advise you and represent you yesterday and pay him or her for their expertise ---- immediatly since a house may be worth figting for but you can't do that alone or sitting at a computer screen !!!!!!!!!!!
Re: Bequeathed items being sold for drug $$, Beneficiary not benefiting
If the title is in her name, it is likely that the truck is hers. If it is in her name only, no probate is necessary. If you have evidence that the title was forged or that your father was incompetent or under undue influence at the time the title changed, you may be able to petition the probate court.
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