Legal Question in Wills and Trusts in California

My sister passed away a couple of weeks ago. She and her adult son just became roommates about a month ago at a property they rent. I am not 100 percent sure but there is a huge chance that my sister was the only name on the lease. My sister's health was poor and her death was sudden. She was not under a doctor's care. My sister never had a plan in place in the event of her death. There was no Care Directive, Will, Living Trust, etc., which is a fact. Because he is considered his next of kin, he is the individual who decides what is done with her remains. There is no husband or other children. In the past, my nephew has criminally victimized his own grandparents so he is estranged from the family. He will not allow my sister's parents, her siblings, or myself even come to his residence. I was told by another friend that my nephew does not have a legal right to give or sell ANY of my sister's possessions. My nephew has made it perfectly clear that he is going to sell most of my sister's things. If it is true that he cannot do this, what can be done to prevent him from breaking the law?


Asked on 4/30/14, 12:44 am

1 Answer from Attorneys
Len Tillem Tillem McNichol & Brown

Since your sister was not survived by a spouse, your nephew, her only child, is your sister's legal heir, unless she had a will that left her estate to someone else. Unless your sister's estate is worth more than $150,000, there will be no probate in the courts. Your nephew can simply take possession of your sister's personal belongings - they have no recorded title and therefore do not need documents to complete a transfer. He can collect her bank accounts and other accounts forty days or more after the date of death using a Small Estate Declaration under Probate Code section 13101, and he can retitle her automobile using DMV Form REG-5.

What this really means is that he can sell your sister's personal possessions at any time. It's not illegal for him to do so. I know that this isn't the answer you want to hear, but it's the way it works.

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Answered on 4/30/14, 8:46 am


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