Legal Question in Wills and Trusts in California

I need to get a judgement for legal ownership of property after my fathers death. Only child- heir. A family aquaintence put a "stop" on a vehicle registration . She falsified his death certificate by listing herself as "daughter" and is trying to claim a classic vehicle. She also stole his personal records including his wallet with IDs. The estate was under 100k in CA and probate is not required. Where do I start?


Asked on 8/28/09, 12:49 pm

1 Answer from Attorneys

Scott Linden Scott H. Linden, Esq.

I am sorry to hear of your father's pasing and now this additional problem regarding the vehicle.

If there is real property involved, make sure you are looking at the gross value of the property and not the value after deducting what may still be owed on it. The court does not account for any money still owed.

On No-Probate.com I list the small estate forms, there is one for your property situation. This can also be obtained from the court's website.

In regards to the vehicle, the death certificate can not really be forged because the DMV will need a certified copy of it. I suggest obtaining one and seeing if this was also falsified. If so, then you may still need to file in court forownership as well as to file a claim against this person. You may also want to contact the City Attorney (and/or District Attorney depending on the value of the vehicle).

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm�s website located at PasadenaEstatePlanning.com

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Answered on 8/28/09, 1:01 pm


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