Moms Boyfriend

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Moms Boyfriend

Hi, my mom passed away 8/7/16 at the time of
her passing away her boyfriend of now what
has been 4 years asked me to give him 30
days to grieve without taking her belongings i
agreed. 40 days has now passed my dad and i
went over to her to get some of the belongings
and he wouldn’t let me in the house. he has
only been on the lease since 9/7/16 and i have
receipts of proof of purchase of things she
purchased without his name on it that he
wouldn’t give us. how do i go about getting
these things?

Asked on September 20, 2016 under Estate Planning, California

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

You have to open probate, get appointed (or have your dad be appointed) her estate's personal representative, and then, as the personal representative, sue him for the value of the belongings and/or for their return. The problem is, the only legal way to get access to belongings which you have a right to but which another person is withholding from you is to sue; but you and your father have no current right to your mother's belongings, until they are distributed to you after probate. However, the personal representative can bring a legal action before probate is over, on behalf of the estate. You can get information about opening probate and applying for and being appointed personal representative from the probate court; once one of you is appointed, he files a lawsuit in the name of the estate, brought in his capacity as personal representative.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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