What to do if my father died and now his spouse won’t relinquish his belongings or allow us access to her home were the items are stored?

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What to do if my father died and now his spouse won’t relinquish his belongings or allow us access to her home were the items are stored?

My late father had a living Trust that stated that his 4 children were his sole beneficiaries and that his entire estate, along with all of his personal belongings, were to go to his children.

Asked on November 19, 2013 under Estate Planning, California

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

I am so sorry for your loss.  But here is the thing: you can not disinherit your spouse in California and she may be entitled to some of the assets that are listed in theTrust.  It really depends on the big picture.  But the place to start is to have the Trustee - who has fiduciary powers over the trust's assets - seek legal help in marshalling (gathering) the assets and making inquiry.  Good luck.


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