Legal Question in Real Estate Law in California

My friend died this month. She has a couple of cousins, but no other family, no will, and no one else on her bank accounts. Who cancels all her utilities? Who closes the financial accounts? Where does her money go? If I help clean her apartment and donate her clothing and household items, am I setting myself up for some kind of liability? Her cousins did not offer to help clean out the apartment.


Asked on 1/18/11, 5:22 pm

2 Answers from Attorneys

David Gibbs The Gibbs Law Firm, APC

First, I am very sorry for your loss. Unfortunately, I would not suggest that you do anything. The cousins - if in fact they are the closest relatives - need to take action to obtain control of her assets, liquidate them and pay creditors. Otherwise, this just drops into a big, black hole and nobody will do anything with it. As you are not related to this person, you should stay out of it entirely. Any efforts to do anything relative to her property or debts and you put yourself at risk of being sued by the cousins or other relatives who may rightfully have a claim against her estate.

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Answered on 1/24/11, 10:57 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Gibbs. The biggest help you could provide would be to keep the cousins fully informed. The law of intestate succession will give the cousins her property, and they should hustle to prevent erosion of the estate, which is, by the way, responsible for the remaining lease on the apartment as well as any other of her debts.

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Answered on 1/24/11, 7:16 pm


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