Legal Question in Wills and Trusts in California
My close friend passed away leaving no will and lots of property. An attorney told me it should go into probate and be split up among nearest relatives. One relative has literally taken everything and then moved into the house. The attorney informed me that all of this was illegal. How and to whom do I report this? Also, how long does it take before the state (or proper authority) comes to "lock up" the house? The attorney had no answers, other than call the local police or sheriff's dept. who may or may not do anything. Thanks for the replies.
3 Answers from Attorneys
This does not appear to be a police matter. You might want to contact other relatives who might take legal action if they choose.
One of the other relatives who has a legal right to inherit some portion of the Estate should hire an attorney to initiate a Probate and become the Executor. As the Executor this relative would have the power to gather the assets (and remove the one relative from the house) and have the court approve the appropriate distribution. The attorney would first want to check to determine that the properties are supposed to go through Probate. If they were held in Joint Tenancy, then they would go to the joint tenant named on the Deed without need for Probate. The attorney's fee would be based on the value of the assets being Probated. The Executor would also be entitled to similar compensation.
Unfortunately, both the prior answers are correct. The police will doubtfully do anything, referring the matter to the court to handle. Additionally, the beneficiaries of your friend's estate need to start a Probate ASAP and the court will deal with the wrongdoing.
If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com
IMPORTANT:
No attorney-client nor confidential relationship is created through this communication. You may not rely in any way on this communication, and nothing herein constitutes legal advice nor legal opinion. Your issue may be time-sensitive and may result in a loss of rights if you do not obtain an attorney immediately.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
