I'm a 26 year old male and the single child of my father who somewhat recently passed away (December 14) in San Francisco without a will, while living with his girlfriend. Since his passing his girlfriend has taken claim to some of his possesions by stating they he had given them to her before he died, however there is no will in place stating as such. They lived together for one year and six months. I am wondering what my rights are and how I go about legally retrieving the items she has taken?
Thank you so much for your help
1 Answer from Attorneys
I am sorry to hear of your loss.
Your girlfriend has no rights to your father's property, unless she can prove that that property was given to her.
Unfortunately, the process for retrieving those goods is messy. You would need to go through some sort of probate proceeding to establish your right to take possession of those goods. This may be more expensive than it is worth. I suggest you meet with a lawyer experienced in probate for advice.
Related Questions & Answers
What is the law concerning a child's part of an estate. Asked 5/20/13, 8:00 pm in United States California Probate, Trusts, Wills & Estates