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rvlaw
rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience:  NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
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my daughter was killed in a auto accident and died without ...

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my daughter was killed in a auto accident and died without awill. therwas no estate probated beccause her assests were less than 100,000. her mother,my ex wife moved my daughter personsal property to both mi and in and is denying me adescription of the property and denieing me access until next summer. my daughter diede in ca and i live in mo. i searched the internet and found home inventory services in mi and in and will pay for inventory. how would i do this and how can an arbitrator divide her property?
Submitted: 6 years ago.
Category: Legal
Expert:  rvlaw replied 6 years ago.

Matthew,

I am so sorry for your loss.

If your ex wife is denying you access, it is futile to retain these services or an arbitrator because they can only get involved if you both agreed to give them access to evaluate the property. Here's what I would do: while it is unnecessary to file for probate due to the amount, it is not FORBIDDEN that you do so. You can, as her dad, apply to be appointed your daughter's personal representative and once appointed can, with the power of the court behind you, order your wife to allow access. Also, if there was a lawsuit to be brought from the accident, you can do that.

rich

rvlaw, Lawyer (JD)
Category: Legal
Satisfied Customers: 8386
Experience: NYC Trial Atty. 30 yrs.- pers. inj., contracts, real estate, criminal, estates, matrimonial.
rvlaw and 13 other Legal Specialists are ready to help you
Customer: replied 6 years ago.
my daughter died with out namming benfetarries so if we orobated her estate we will have to pay most of her small work life insurance to creditor. can i sue her someplace like small claims court ? can i get some type of court order for the inventory?
Expert:  rvlaw replied 6 years ago.

Small claims in CA has a $7,500 limit and no power to award anything but money generally. A Court order for the inventory would have to be sought in CA Superior Court and would again involved an attorney, etc. Sorry.

Rich

Customer: replied 6 years ago.
the property has been moved to micigan and indianna. should i retain an atty in these states or should i just give up?
Expert:  rvlaw replied 6 years ago.

Again, small claims courts do not have what we call EQUITY power, only the right to award money (plus landlord tenant evictions usually). You would have to apply to the court in which your daughter lived when she died. Then you could bring proof of your appointment to whatever state(s) in which the personal property is located to take possession of it. Should you forget about it? That is totally up to you.

rich

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