Legal Question in Wills and Trusts in California
no will
My only surviving parent (dad) passed away on aug 22nd in las vegas where he resides, and he had no will whatsoever. The house, safety deposit box, bank account and car are all under his name. I tried to contact the mortgage but they dont want to entertain me because there is no court order or something that I need to file to prove that I am the only living heir so I can access the deposit box and also transfer the titles to my name. I am the only son, i have the death certificate, and my birth certificate but its still not enough. I am 37 yrs old btw.
I would like to find out how much will it all cost and if all of this can be done here in calif by the lawyer without me having to go to court and stuff cause I cannot afford miss work, instead of me having to drive to las vegas back and forth. I currently reside in Reseda.
Stupid me, people have been telling me that I now have access to credit cards since i have all my dads info so I called the credit card co and added myself as an authorize user only after my dads funeral. Went and used the credit cards to buy things, eat here and there buy here and there.
Told my aunt what I did, she advised me to stop using it since the original owner of the cards has passed.
2 Answers from Attorneys
Re: no will
First, you should be directing this at Nevada Attorneys. You will need to go through probate in Nevada if your father had any assets.
Second, using the credit card as you described is possibly fraud. Do not use them anymore and speak to an attorney ASAP.
Re: no will
In order to take care of your situation someone has to open a probate in Nevada. This will require a Nevada lawyer and someone willing to serve as personal representative of the estate. You can do that without traveling to Nevada. The costs of the probate proceeding will be paid out of your father's estate. But, better get a move on.
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