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Law Educator, Esq.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 89723
Experience:  Experienced in Trust and Succession Law, including Louisiana Laws
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Boyfriend died july 21 2013. Started dating 7 years ago and

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Boyfriend died july 21 2013. Started dating 7 years ago and he asked me to to leave San Francisco and move in with him,- we lived together 6.5 years. Although I do not like to talk about it, I need to tell you that I am ill with multiple problems (diabetes, fibromyalgia, neuropathy, high blood pressure and another disorder of nerve damage I forgot the name -,joel often stated that he would always take care of me emotionally and financially. - he was supporting in many ways and encouraged me to work less and wanted me to just quit. He gave me his credit cards and bank cards to use. A month before he died, we were talking about what would happen if either one of us passed. I asked him what will happen to me if he died, and he told me not to worry, he will make sure I would be taken care of. We talked about his house we lived in, (he owns it), he told me his kids did not want the house and that they told him so. We then talked about how much we enjoyed living here together. I asked again later that day what will happen, he told me not to worry, he will take care of me. Then he told me he was going to make some changes for me. He then told me the next week or so that he had talked to sister and husband and they were going to get together.
When I informed his sister he died, she said to me, OH! and he was going to change his will, we were going to meet next week at the attorneys. - she lives in southern ca and has a ranch in Calistoga when she was going to be there next. I was caught off guard because I guess he was going to surprise me, as he often did. Anyway, he does have some money, his incidentals and 3 other homes are willed to his children, this home I am living in is willed to his sister. She sent this email to me on August 22nd. I have been beside myself about what to do. I have NO money to move. They have given me a car worth 2500- because mine was not working and needed repairs. for me to do what I wish. I have been driving the car because I cannot drive my own. they offered me a boat 16 ft 1973 to do what I want with. They told me I can sell the car so where does that leave me? I have NO money saved, I spent it all on going to drs, medicine and medical insurance. Here is the letter she sent..
what should I say? Should I make a claim against his estate for 25K so I can restart my life? if so, how many days from his death do I have to do that?
or should I answer her and let her know I do not have a place to go and that I have no money to relocate back to San Francisco and throw myself at their mercy? I am very embarrassed about my situation.

(brother in law) and I are sorry we upset you with our short notice plans. We only had a small window of time before we needed to get back home.

*** has been gone a month now, we need to get organized and move forward. one son is working on the Roseburg properties. the youngest son wants to head down to the lake and help get rid of the boats and clean the property up. Once we get the property cleaned up, we have a contractor lined up to completely gut the inside of the house. Our target date for this is Oct. 1st. We hope this works for you, and that you'll have plenty of time to separate your personal belongings. Please feel free to live in the house until this date, and hopefully you can assist Noah in sorting things out.

On another note, I have attached a bill from the * Resorts. This is the timeshare you had with Joel. __(he bought this as a gift to me, he was paying for it) You'll need to call them if you want to close this account. Otherwise, you're responsible for the payments if you want to keep it. Is this true? Is there a way around this?
Submitted: 12 months ago.
Category: Estate Law
Expert:  Law Educator, Esq. replied 12 months ago.
Thank you for your question. I am sorry to hear this has happened to you.

Under CA law, I am afraid that you really do not have legal basis for a claim against the estate, but you can make your claim officially and then if the sister is willing to negotiate with you this would at least give you bargaining position. If the sister is willing to negotiate and knew that the Brother wanted to provide for you and wants to do the right thing then she would give you a share of the estate, but to preserve your right to at least make a claim, the attorney's are right in that you have to file your claim within the 45 days, so get it filed.

You sadly do not have any real legal statutory claim against the estate, so if push comes to shove under CA law you would not have any statutes that would force the sister to give you any money, it would be out of the kindness of her heart and knowing that it was what the brother wanted to do, so you need to file your claim to preserve it and then hope she is honorable and will do the right thing in accordance with her brother's wishes.



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Customer: replied 12 months ago.


PaulMJD,


 


Then what does this mean if it is 45 days?


I am confused. So if he died on July 21 and the reading of the will was July 29th how much time do I have? I do not know when the papers were filed with the courthouse. I am assuming it was on Tuesday, the 23rd or later.


 


 


You have
either 60 days from the date of the notification (of the death) or
four months from the date Letters are issued,
whichever is later, to file your claim with the court.
You must send a copy of the claim to the person
who was appointed as the personal representative.


 

Expert:  Law Educator, Esq. replied 12 months ago.
You have 60 days from his death, since you knew of the death, to file in court an estate probate claim. The executor has to answer a creditor claim in 30 days and after that you have to file in probate court. So you have until September 23 to file in court, but you need to send notice to the executor of the estate first.
Law Educator, Esq., Attorney
Category: Estate Law
Satisfied Customers: 89723
Experience: Experienced in Trust and Succession Law, including Louisiana Laws
Law Educator, Esq. and 7 other Estate Law Specialists are ready to help you
Customer: replied 12 months ago.


thank you

Customer: replied 12 months ago.


thank you


Expert:  Law Educator, Esq. replied 12 months ago.
Thank you. Please do not forget to leave excellent service feedback.

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