Unauthorized Vehicle Sale Concerns

Summary

If a person dies without a will in California, the intestate succession process determines heirs. As the only child, you are the primary heir. Selling your fathers property without legal right is unlawful. If the property has been sold without proper authority, it could be both a probate issue and a civil matter. Consult a probate lawyer for guidance.

Full Conversation

So my father passed away in *. I just found out my aunt sold all of my dads vehicles without my permission. I am his only child. She had his death certificate and title to the vehicles since they were in my grandmas safe when she passed 9 months after my father. Was she legally able to sell them?
Hi ****, I'm sorry for your loss. The legality depends on whether your aunt was appointed as the executor of your father's estate. Can you tell me which state this situation occurred in? The laws vary from state to state.
California and no he did not have a will
In California, the law states:
- If there's no will, an intestate succession process is followed.
- As the only child, you're the primary heir.
- Selling your father's property without legal right is not lawful.
Consult with a probate lawyer for further guidance.
Ok one more question pls. If she already sold the stuff would it still be a probate issue or a civil suit
In California, if the property has been sold without proper authority, it could potentially be both a probate issue and a civil matter. It's advisable to consult with a probate lawyer to explore all potential remedies.
Thank you
You're welcome, ****. Don't hesitate to reach out if you have more questions in the future. I wish you all the best with your situation.