If my father passed away about 6 months ago, what should I do or how should I go about getting things that belonged to him?

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If my father passed away about 6 months ago, what should I do or how should I go about getting things that belonged to him?

I was not notified of his death by either by his wife or other family. Before I was able to speak with my stepmother regarding my father’s Will, she too passed. Now her oldest son is in charge of her estate and I have still not recieved any information on the property or my father’s belongings, even after speaking to other children and family of my stepmother.

Asked on November 28, 2014 under Estate Planning, California

Answers:

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

Answered 6 years ago | Contributor

I am so sorry for your loss and for the problems that have arisen. The scenario you describe could become complicated.  First, you need to check to see if there was an estate proceeding filed for your Father.  It would have been filed in the county in which he resided at the time of his death.  If there was a proceeding for a Will or to probate separate property then you should have been notified since you are his child.  What could have happened, though, is that everything passed to your step mother via  community property laws and then you may not technically be entitled to anything.  I would strongly suggest that you seek legal help here asap.  Good luck.


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