Legal Question in Wills and Trusts in California

My son was 26 he died 11-29-09 he wasnt married but just bought a house with girlfriend. Since her didn't have anyone as beneficary his life insurasnce came to me which paid funeral. I want to know if I can get his belongings causer she won;t even let me get his trophys. AThey both were on the house and this house was his pride but she won;t even call to see if insurance will pay it off what can I do.


Asked on 1/14/10, 2:41 pm

2 Answers from Attorneys

Richard Gaines Gaines Legal Services, Inc.

Since he wasn't married you most likely are the rightful beneficiary of everything he owned including the house unless the house was in joint tenancy. You may have to start a probate.

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Answered on 1/19/10, 3:49 pm

Under the laws of intestate succession, you are probably the beneficiary of your son's estate including his personal property. You would need to determine how title to the house is held for the real property. If the girlfriend will not work with you, a probate may be necessary. Sometimes, an attorney dealing with the grieving significant other can help. Feel free to call us for further discussion.

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Answered on 1/20/10, 10:00 am


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