Estate Law Questions? Ask an Estate Lawyer.
Hi. My name is ***** ***** I am a licensed California attorney with extensive estate planning and probate experience. I would be happy to provide assistance. Please give me a moment to formulate a response. Also, please keep in mind that our conversation does not include an attorney-client relationship and this is for general information purposes only.
Can you please confirm: your sister was not married and does not want to be involved in the probate (you referred to it as inheritance) process?
She has no obligation to be involved in the probate process, outside of allowing access to the property to remove his personal property. She should make sure that anyone that wishes to take any of his personal property away has proof from the court that they are a lawful representative of the estate.
Assisting in the funeral process does not obligate her with regard to the estate.
The potential beneficiaries will need to have the estate probated in order to establish an executor(s) and the beneficiaries.
Thank you so much for allowing me to help you with your question. I have done my best to provide information which fully addresses your question. If you have any follow-up or clarification questions, please ask! There is no additional fee. If I have fully answered your question(s) to your satisfaction, I would appreciate you rating my service (hopefully Excellent/5 stars!). Otherwise, I receive no credit for assisting you today. I thank you in advance for taking the time to provide me a positive rating!
No. The executor will have to prepare an accounting of all of his personal property and will include it as part of the probate process.
If she wants to the property removed quickly, she should contact the family. Have the family members sign off on the property being removed by them.
Did you have any follow-up questions or need me to clarify anything? If not, please do not forget to rate my services at the top of the page (hopefully 5 stars), otherwise I get no credit for helping you today.
In order to remove the property, she will need to give them notice that she intends to dispose of the property, if it is not removed. A written notice is the most appropriate way to provide the notice with a reasonable deadline by which to remove the goods. Generally, a notice of this type should be mailed. GSO is a California company that offers next-day delivery, provides tracking, a confirmation signature and is only a few dollars more than USPS.
Any items under his name, or that he purchased are part of his estate. She should provide them an entire accounting of all items that belonged to him.
The notice should provide a list of the items and a deadline to remove them from the property.
Was the safe his or is it hers?
Then it is the beneficiaries responsibility. She should include the safe on the accounting, as well as the contents of the safe. The contents should be listed and described to the best of her ability.