Legal Question in Wills and Trusts in California
My half-brother (22) is trying to get his dads estate taken care of after his recent unexpected death. His dad had remarried briefly but the marriage had been annulled due to his continued struggles with mental illness. He had left a $15k motorcycle at the house of the ex with the understanding that he could store it there until he had a steady home. She contacted my brother after his dads death to tell him the bike was there. She was not pleased when my brother didnt want to have a long talk with her about his dads illness and her feelings (he had never met her). Now he is trying to get the bike sold and she is demanding a court order & police presence despite the death certificate and transferred pink slip being provided. Can he just call the sheriff or is he going to have to sue her to get the motorcycle?
1 Answer from Attorneys
Your half-brother doesn't need a court order, likely. Before going that route, which would involve suing the ex for conversion (the civil form of theft), he could ask the local Police or Sheriff to do a civil standby - that may work.