Legal Question in Wills and Trusts in California

Re: protection of seperate property while waiting for probate

You should make sure that probate proceedings are opened immediately. She would be responsible for any loss in value to the estate.

Re: protection of seperate property while waiting for probate

The answer depends on what you mean by possessions. If you mean his personal belongings and personal property, then she has some rights in them as may you; and she may have liability if she disposes of them. If there are some real concerns, you may want to seek some sort of temporary relief from the court. But possession is truly 9/10ths of the law in estates as it is very difficult for you to establish what was there, was it community or separate, etc.

Re: protection of seperate property while waiting for probate

You should make sure the probate begins as soon as possible--you can also get immediate powers for protection of assets.

She would have a hard time doing anything to assets titled in your father's name, but personal possessions without title are more difficult to protect, and she may claim some (or all) of them are hers. The executor/administrator should talk to her and work something out right away.