Legal Question in Wills and Trusts in California

My husband's father passed away a little over a month ago. The only people to survive him is my husband and his wife who he was in the middle of a divorce with. His wife doesn't want any of his dads belongings. In the divorce his dad was ordered by the court in Reno, Nevada to turn his guns in to the police department. These guns are old and passed down through the family. These guns are very important to my husband. We went to the police department to request them and they say we have to prove they were willed to my husband, however there is no will. His wife also went to the police department to try and get them for my husband but they told her the same thing and to call the judge who ordered the release of the guns to see if there was a way to get them without an attorney. I have called the judge's office and was told by the secretary that they wouldn't be able to help us and that we should contact Washoe county legal aid. The problem is that we don't live in Nevada, we live in California so we wouldn't be eligible for that aid. We cannot afford an attorney and I would hate to see my husband lose this part of his family history. Do we have to probate even though his wife wants it all to go to my husband? If we do have to probate can we do it without an attorney and if so are their any refrences that would help us do that? Thanks in advance for your help. Any info would be greatly appreciated.


Asked on 4/16/10, 12:48 pm

1 Answer from Attorneys
Daniel Bakondi The Law Office of Daniel Bakondi

Please send me an email and let me know where your husband's father lived before he passed away. Was it in Nevada? I could collect the evidence that it was his intention transfer them to your husband, and then send a demand that they release your husband's property. They may honor a request without the probate process. I would like to help if I can.

Best,

Daniel Bakondi, Esq.

[email protected]

415-450-0424

The Law Office of Daniel Bakondi

870 Market Street, Suite 1161

San Francisco CA 94102

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Answered on 4/21/10, 1:51 pm


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