Legal Question in Wills and Trusts in California

Family belongings

My father in law remarried 2 yrs after his 1st wife died they were married 42 yrs. He he passed away suddenly 2 yrs later. The Step Mother continued to live in the family home with many of the family heirlooms she agreed she would contact the children if she was no longer in need of the furnishings. The step mother has just recently sold the house & most of the personal items in it and never notified any family members of this. We were asked by our father if anything were to happen to him not to make his new wife move out of the house and we honored his request. My inlaws lived in this home for over 20 yrs before the step mother came into the picture the house was almost paid off. The step mother is telling us that he did not leave any notice behind, but he always told us I only have my house & personal items in it to had down to my children & grandchildren. Is there anything we can do?


Asked on 12/20/07, 12:19 pm

1 Answer from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: Family belongings

I don't understand how she sold the home unless she owned the home. As for the furnishings, you can sue her for the value or for unjust enrichment, as 2/3 of the value of those things belonged to your father in law's children.

You can call to discuss if it helps.

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Answered on 12/20/07, 3:39 pm


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