Legal Question in Wills and Trusts in California

My father passed away and i am devasted and dont know where to turn to. He left know will and now i find myself with no where to turn. he had several properties and now his girlfriend wont even let me see any paperwork. He was at the hospital for three days before dying due to three back to back strokes they left him to week to recover because of his diabetes. while at the hospital his girlfriend claimed that they were married and that because of that she was entitled to his property. I have yet to be able to find a marriage certificate and the only thing i could come up with is that maybe while he was ill prior to being hospitalized they were married but i really dont know. i dont know how to go about to resolve this whole ordeal, i don't want to fight with her, if indeed they are married and she is entitled to something then thats fine, i just want to resolve this and move on. any help would be greatly appreciated....thanks!


Asked on 5/17/10, 8:34 pm

2 Answers from Attorneys

I am sorry for your loss.

It sounds like a probate is probably going to be necessary. Probate is a court proceeding that provides for payment of debts owed by the decedent and transfer of property to the heirs

Given that his girlfriend is claiming marriage. I think you should consult with an attorney to discuss options which would include doing public records search for real estate, obtaing certified death certificates and opening a probate

Let me know if you would like to discuss this.

Caleb

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Answered on 5/23/10, 8:50 am
Anthony Roach Law Office of Anthony A. Roach

Mr. Donner is right. I'm sorry, but it sounds like you may have to fight this. You should determine how title is held, and speak to a probate attorney. I would take any relevant documents that you have in your possession to the attorney.

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Answered on 5/23/10, 10:47 am


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