Legal Question in Wills and Trusts in California

death of an estranged brother

The state of California contacted my Aunt about an estranged brother of hers who died. Assuming no will, they said she must travel from MD to clean out his trailor and dispose of his car and make arrangements for the body. They said if she doen't go, they will bill her heavily for the state to do this. Does she have a legal responsibility to do this? Or to be billed for his death? She is 70 years old and not capable? She did tell them to creamate the body. My estranged uncle was around 71 years old. I believe my grandmother bought him this trailor on a leased property over 30 years ago. We have no interest in his possesions, can't the state just assume them for thier trouble.


Asked on 3/26/08, 1:12 pm

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

Re: death of an estranged brother

Your aunt has no obligation. The state must do something and can reach whatever assets of the decedent it can find to cover the cost.

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Answered on 3/27/08, 2:53 am
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: death of an estranged brother

I am not sure what they do in MD, but under California law she wouldn't be required to do anything, nor is she liable. I can't imagine MD law being any different. Contact an attorney in MD.

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Answered on 3/31/08, 1:06 pm


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