Legal Question in Wills and Trusts in California

Re: How do we prevent a non-family member from claiming property of deceased?

Since your husband is the only child, he has statutory priority to administer his father's small estate using the affidavit procedure set forth in the CA Probate Code.

It sounds like the family friend has improperly usurped that role. Your husband should contact an attorney as soon as possible to assist him.

Feel free to call my office to discuss further.

Re: How do we prevent a non-family member from claiming property of deceased?

Mr. Stevenson is probbly correct that you are going to need an attorney, but while you ar looking for one, write a certifiied letter to the person trying to handle the property that the law is clear that if there is no Will and the property is not in a trust, then it passes to the only surviving child when ther also is no surviving spouse. Point out that while they may be truing to be helpful, they have no legal right to the property and they hare putting themselves in a position that they can be sued for damages. No lender will let them borrow any money on the property. Their action will only cost the deceased's estate money to straighten it out. Try to find out why they think they can disposs of the property and point out why they can not. They probably will reject your opposition but you should try it. By you I mean your husband and not you yourself because they will feel that you are merely interferring in his business.