Legal Question in Wills and Trusts in California
my grandfather who was also my legal guardian from 11 years old on, recently died. The daughters of one of his ex-girlfriends have come to his house and are dictating who gets what and they are selling off everything else. They have filed nothing in probate and have no plans for a service for him. My grandfather has no will but I am his only relative besides one sister who lives out of state. I am unsure if she even knows he is dead. The address books are with the other paperwork they refuse to share. My grandfather told me to do whatever i wanted with his stuff because he gave it to me. They are giving away the mobile home, selling the car, and sorting through his entire home without the authority to do so. Please tell me how to stop this from continuing.
4 Answers from Attorneys
This is a very sad story. I'm sorry for your loss.
You can filed a Petition for Probate and ask to be named personal representative of your grandfather's estate. But that takes time. If people who truly have no right to be there are in your grandfather's home and stealing things, you should call the police.
It seems that there must be more to the story then you have mentioned. Children of a mere former girlfriend would not be so aggressive to take things when a relative is present. But assuming that what you say is true, then tell them unless they can show proof of what they are doing is legal, you are calling the police to have them arrested for theft. You can make your own arrest of them as a citizens arrest, but they could just ignore you. They can not get rid of the mobile home without the ownership papers. Change the locks on the home.
Its amazing what human greed can sanctify. You could file a civil case for trespass damages & have it served on them in one day. That should catch their attention!
www.michielawfirm.com
You should have called the police long ago. Do it now. THEN worry about the probate and civil actions.
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