Legal Question in Wills and Trusts in California

legal rights of non-related beneficiary

Man who lives in Utah dies outside of girlfriend's house in California. No one is home but him and he has no ID on him. Coroner enters house, looks for passport and wallet, and takes them. His will leaves everything to girlfriend. There is one living relative in North Carolina. Body is released for burial, but wallet and passport are not. How can girlfriend obtain these? Deceased did not own any real property, only a car and IRA's, in which girlfriend is joint tenet or beneficiary. Is probate necessary?


Asked on 6/07/04, 10:42 am

2 Answers from Attorneys
Alvin Lundgren Alvin R. Lundgren, L.C.

Re: legal rights of non-related beneficiary

Contact the coroner, provide a copy of the will and ask for the wallet and passport to be made availabe or delivered. No probate is necessary for items which are jointly owned with girl friend if they are owned as joint tenants with rights of survivorship. If the deceased is owner of any real estate which is not jointly owned, OR if the deceased has other assets which have value, probate may be necessary. If the deceased's estate is small, there is a "small estate" probate which is fairly simple.

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Answered on 6/07/04, 11:14 am
Scott Linden Scott H. Linden, Esq.

Re: legal rights of non-related beneficiary

I concur with Atty Lundgren, contact the coroner and request the items. Be willing to provide a copy of the will when they request authorization.

If the total value of the assets, as you state here a car and an IRA, are under $100,000 then there is not a need for Probate in CA. Copies of the forms are available on our company website at www.No-Probate.com and click on the "Small Estates" link.

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Answered on 6/07/04, 2:47 pm


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