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Ray
Ray, Lawyer
Category: Legal
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Experience:  30 years in civil, probate, real estate, elder law
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My sister died in a fatal accident Tuesday. She had no will

Customer Question

My sister died in a fatal accident Tuesday. She had no will and left some boxes on my father's property in his shed. One of her three children now claims this is her property and has threatened to prosecute if we touch the shed or anything in it. Can she do this? All my father wants is his wife's wedding dress and the chair given to him and his late wife.
Submitted: 1 year ago.
Category: Legal
Expert:  Ray replied 1 year ago.
Hi and welcome to JA. I am Ray and will be the expert helping you tonight.
Here in California the laws of intestacy here control who gets her personal property.No one here is going to be arrested.I suggest he just hang on to the stuff to see if they file probate.Otherwise they don't get the items.
It may not be worth it to them to do so but time will tell.
The laws of intestacy.Here are those for reference.
http://www.nolo.com/legal-encyclopedia/intestate-succession-california.html
He can keep the property until probate is filed here and the court decides who the legal heirs are.
I am so sorry for your loss of yous sister.It appears he may at least a partial heir here and can hold it indefinitely until somebody files probate.He would turn them to the personal administrator once probate is opened.He may want to apply himself to be appointed.
I appreciate the chance to help you tonight.Please let me know if you have more follow up.Thanks again.
Expert:  Ray replied 1 year ago.
Here spouse may have claim here under laws of intestacy to dress and furniture under laws of intestacy I referenced above.
a spouse and children
spouse inherits all of your community property and 1/2 or 1/3 of your separate property
children inherit 1/2 or 2/3 of your separate property

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