Legal Question in Wills and Trusts in California

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thanks for taking time, ok straight to the point, my neighbor age 93 and a military veteran, just passed away three weeks ago, he didnt have any family members. He's been our neighbor for 25 years, we became his legal caretaker when he was sick,we have paperwork to prove this. suddenly some ''old'' friends of his cameinto the picture trying to take his estate, when in his last days our neighbor told my mother he wanted her to have everything but there wasnt any legal paperwork done. So the lady(old fiend) got a lawyer and we got the same one that way the government cant take the home. Should we get a different lawyer or should we stick to the same lawyer? TO protect the property against the government. The lady has said alot of lies and has claimed to be in his bank account which wasnt true and have a copy of his will, which wasnt true either. there was gonna be legal testaments done but our neighbor unfortunatly passed away prematurally. HE was real close with us and we took care of our friend when he started feeling sick, we took him to the hospital and took care of him when he got back. The social worker at the hospital knows and witnessed what our neighbor told our family. thank you once again


Asked on 4/12/05, 10:58 am

1 Answer from Attorneys
Jennifer Sawday Sawday and Drake

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If your neighbor died without a will, there is not much you or any of your neighbors can do to ensure that his property does not pass to his family. Because he had no will, his family members are entitled to his estate. His family members are legally entitled to open probate proceedings for his estate.

You could open probate proceedings if no one else has stepped forward. This, however, does not mean that you will receive a portion of his estate. California law governs when a person dies without a will -- his estate will pass to his heirs -- any family he has.

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Answered on 4/12/05, 11:19 am


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