How do I stop my dad’s girlfried from selling and throwing away his personal possessions when he just died?

She’s not named on the items .and it hasn’t been 40 days yet.

Asked on July 21, 2014 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

You'd have to bring a lawsuit to stop her; you can bring one on what's called an "emergent" (think: "urgent" or "emergency") basis to get a court order ("injunction") to stop her. She has a right to whatever she likes with anything that is hers, of course--her own clothes, jewlery, any keepsakes he gave her, a TV or computer which she bought, etc.--but anything else is property of the estate and she has no right to dispose of it. An attorney will know how to file and bring this legal  action.


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