if my brother died without a Will, what happens to his personal belongings?

He had no Will, no children and no spouse. He has a mortgage but it was in foreclosure. Can the parents take the personal property and vehicle and leave the house to the bank? There is a bank account but very little money we know of.

Asked on November 15, 2014 under Estate Planning, California


MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

The estate should go through probate if there is enough to probate. Your parents should check with the court to determine if there is any documentation to help minimum asset requirements to file probate. If no probate is needed, the bank can take the house, the bank account would need to go to the listed beneficiary if any or it may escheat to the state wherein your parents would need to show a death certificate and proof of eligibility to take the property. As for the personal property, that is up to your parents.

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