Legal Question in Wills and Trusts in California
Equal Hier on Left possesions
My Father pass away about a year ago. My step mother is starting to sell all my fathers possesions, tools, guitars, art ,pertty much everything. she has showed no interest in dividing and honering my fathers wishes. she says my father left no will and everything is hers by law. is there anything that can be done. is there a way to see if there is a will on file. befor she sells everything?
2 Answers from Attorneys
Re: Equal Hier on Left possesions
You could check with the clerk of the probate court, 341 City Drive, Orange, CA, or with his lawyer if you know the name, otherwise you are SOL. Watch out for legal time limits, do not wait more than one year before taking legal action if you locate a will.
Re: Equal Hier on Left possesions
You can check at the County Clerk of the Court in the county where your father resided, but even if he did leave a Will, it's unlikely that your stepmother lodged it if she was planning to claim all the assets. Under CA law, all CP goes to the spouse if there is no will. If you have any reason to believe your father had any separate property (assets owned before the marriage) of value, you should consult an attorney.
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