Legal Question in Wills and Trusts in California

My father passed in 2001 and were estranged at the time.

I found out my father had passed long after the funeral. My stepmother has refused to answer my phonecalls and letters. She lives in the home my father purchased in Clovis, Ca. Is there any way of going after the property, at least the personal property that was mine?(videos, pictures, etc) Thank you.


Asked on 1/12/08, 7:39 pm

2 Answers from Attorneys

Mitchell Roth MW Roth, Professional Law Corporation

Re: My father passed in 2001 and were estranged at the time.

Sure. You have to check to see if the estate was probated in the county in which Clovis is in. If not you can file for letters of administration and get the authority to go after assets that were rightfully and appropriately part of the distributable estate.

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Answered on 1/13/08, 6:37 pm
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: My father passed in 2001 and were estranged at the time.

Yes, you can open probate on your father's estate if his assets were greater than $100,000. If he and his wife held title to their home as joint tenants, then it will go to his wife outright. She should return your personal items. Good luck.

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Answered on 1/27/08, 4:35 pm


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