Legal Question in Wills and Trusts in California
My father died about a month ago. Penniless. I paid for his services. He has a registered domestic partner of about 2 years. There are about 10 items in his residence that are personal items from my youth that i'd like to have. She refuses to give them to me. She claims to own the house yet when i run title, it was sold at auction in Nov and is currently owned by US Bank. I have a copy of his will from 25 years ago that she gave me. He told me he had updated his will about 15 years ago. Again she won't let me into the house to see what I can find. The will states that my brother and i get everything. My brother is in another country and gladly will appoint me executor. In the will from 15 years ago, i am listed as the executor. I briefly talked to one lawyer on the phone that says it will cost me a minimum of $5000 to get a subpeona to get me in the house. Seems wrong to spend that to get what should be legally mine and my children. Any advice? Oh and I'm in California.
3 Answers from Attorneys
Unfortunately a decedent's personal property usually goes to whomever steals it first.
$5,000 is pretty much the price of admission to a lawyer's office. You can try to do it yourself, but you'll get what you pay for.
The house is gone if the bank owned it. If the bank owns it, it means they foreclosed. Whoever is in the house is a squatter, and can get evicted.
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