Property Retrieval After Death

Summary

If a loved one passes away without a will in California, the law of intestate succession applies. As the childrens mother, you can legally represent them. Consider filing in probate court for rightful ownership. If the deceaseds mother refuses to return property, you can file a lawsuit for conversion, request a court order, and seek damages. Law enforcement may accompany you for safety with a court order. For vehicles, file a petition in probate court to transfer the title. If the estate is valued at $166,250 or less, use a simplified probate process. Report the death to the DMV within 5 days to avoid liability. Seek a temporary restraining order to prevent the sale of property. Minors are entitled to their fathers ashes, and you can claim them as their guardian. Consult your attorney for all legal steps.

Full Conversation

My children’s father passed away and his mom stole all his belongings. I am wondering how to get them back as I have the paternity results and his certified death certficate.
Hello ****, I'm sorry to hear about your situation. May I know which state you are in? The laws regarding properties after death vary between states.
California
I'm sorry for your loss, ****. In California:
- If the deceased didn't leave a will, the law of intestate succession applies
- As the children's mother, you can legally represent them
- Consider filing in probate court for rightful ownership
For further assistance, consult a lawyer or contact your local probate court.
I have a lawyer and she gave his mom a warning notice but she didn’t give the property back
I'm sorry to hear that, ****. If she still refuses to return the property, your lawyer can help you:
- File a lawsuit for conversion.
- Request a court order to return the property.
- Seek damages for the value of the property.
Remember to keep all communication records for evidence.
Can I be escorted by a deputy to retrieve the belongings from his mother?
Yes, in some situations law enforcement may accompany you for safety and to prevent breaches of peace. However, it's crucial to have a court order authorizing the retrieval of the items. Always consult with your attorney before proceeding.
How can I retrieve the vehicle from his mother?
In California, if the vehicle title is in your children's father's name, you may need to:
- File a petition in probate court.
- Obtain a court order to transfer the vehicle title.
- Consult with your attorney for required paperwork.
Legal processes vary, always consult your attorney.
What if the property isn’t a large enough amount to go to probate court?
In California, if the total value of the deceased's estate is $*,* or less, you can use a simplified probate process. This involves filing an affidavit or a declaration under penalty of perjury. Consult with your attorney for details.
How long does the affidavit process take?
In California, the affidavit process generally takes about *-45 days after the death. This period allows for any claims against the estate to be made. However, timelines can vary depending on individual circumstances. Always consult your attorney for specifics.
What is a claim against the estate?
A claim against the estate is a formal demand for payment from a deceased person's assets. This could be debts owed by the deceased or any financial obligations. Creditors have a specific time frame to file these claims after the death notification. Keep in touch with your attorney for guidance.
Can I report someone as deceased to dmv?
Yes, in California, you can report a person's death to the DMV. You'll need to fill out a "Notice of Transfer and Release of Liability" within 5 days of the date of death. Consult with your attorney to ensure all legal requirements are met.
What if I don’t do that within 5 days?
If you don't report the death to DMV within 5 days, you could potentially be held liable for any vehicle-related incidents or fines that occur after the date of death. Try to complete the process as soon as possible for your protection.
What if my children’s fathers mom took the vehicle and I’m unable to report the death to DMV?
If the vehicle is not in your possession, it complicates the situation. In such a case, consider reporting the vehicle as stolen. Have you discussed this issue with your attorney?
Can I report the vehicle as stolen?
Under California law, you can report a vehicle as stolen if you're the legal owner or have the authority to possess it. Have you obtained a court order declaring you or your children as the rightful owners?
I don’t have the court order yet. But have a demand letter from my attorney and the paternity results showing him as father
It's crucial to get legal ownership established. Have you initiated the process of filing a petition in probate court to transfer the vehicle title? This, along with the paternity results, could strengthen your case.
I haven’t done that yet. My attorney was trying to get the items back from his mom first
That's understandable, ****. It's important to pursue this in the correct order. At this point, has the demand letter from your attorney been sent to his mother?
Is the demand letter, paternity results and death certificate enough to go pick up the vehicle or report it as stolen?
While the demand letter, paternity results, and death certificate may support your claim, they may not be sufficient to legally retrieve the vehicle or report it as stolen. You should consider filing a petition in probate court to establish legal ownership. Consult your attorney for guidance.
Yes the demand letter was sent to his mother
Thank you for the information, ****. What was the response to the demand letter? Did she acknowledge receipt or respond in any way?
Yes she responded
Thanks for the update, ****. Could you let us know what was her response to the demand letter?
Her response was that he didn’t have kids and all his tools belonged to his employer. We spoke with his employer and he said he does not own any of his tools that my ex was the rightful owner of all of his tools
In light of the employer's statement, have you considered presenting this evidence to your attorney and exploring legal options to retrieve the tools?
I let her know what he said
That was a wise step, ****. Your attorney can use this information to strengthen your case. Keep all evidence and records of discussions safe, as they could be crucial in the legal process.
I’m worried she’s going to sell or pawn the items and believe the truck is being driven without approval
I understand your concern, ****. Given the urgency, have you discussed with your attorney about seeking a temporary restraining order to prevent her from selling or disposing of the property?
I have not. Is that something I can do?
Yes, in California, you can seek a temporary restraining order to prevent the disposal of the property. It can protect assets while legal proceedings are ongoing. Discuss this option with your attorney promptly.
What court does this?
The court that handles such matters is the Probate Court. In California, each county has its own Probate Court. Could you please let me know which county you're in so I can provide further information?
Nevada county
Thank you for the information, ****. In Nevada County, you would approach the Nevada County Superior Court for such matters. Make sure to consult your attorney before proceeding.
How can I get this process to speed up?
To expedite the process, consider:
- Preparing all required documents in advance.
- Regularly following up with your attorney.
- Proactively addressing any potential issues.
Remember, legal proceedings can take time due to their intricate nature. Patience and diligence are key.
It has been almost a month since he passed away
I understand this is a challenging time, ****. Have you been in contact with your attorney recently to discuss these concerns and plan the next steps?
Are my children entitled to his ashes?
In California, the right to control the disposition of the remains of a deceased person, including cremation, is governed by law. Are you the appointed executor or the next of kin?
He didn’t have a will
I understand. In California, if there's no will, the next of kin usually has the right to the deceased's ashes. In this case, as their mother, you should be able to represent your children's interests. Have you discussed this with your attorney?
My children would be next of kin right?
Yes, ****. In the absence of a spouse, children are typically considered the next of kin. You, as their mother, can represent their interests. Please confirm this with your attorney.
Yes I believe I will be appointed to represent them
That's good to hear, ****. Being appointed to represent your children can be very helpful in your situation. Do you have any other questions or is there something else you would like to discuss?
If my children are minors are they still entitled to his ashes?
Yes, ****. Even if your children are minors, they are still entitled to their father's ashes. As their legal guardian, you can claim the ashes on their behalf. Please consult with your attorney to proceed correctly.
How do I get bitcoin information on a deceased person?
To access Bitcoin information of a deceased person, you may need the private keys or passwords used by the deceased. This can be challenging. If you're unaware of the details, consider:
- Searching their personal records for any Bitcoin wallet details.
- Consulting with a digital forensics expert.
- Consulting with your attorney for legal options.
Remember, laws vary, always consult with your attorney.
What if I don’t know any passwords and don’t have access to his phone?
If you don't have access to his passwords or phone, seeking professional help from a digital forensic expert may be your best option. They may be able to retrieve the information. Have you discussed this matter with your attorney?
Can I get bitcoin info from bank accounts?
Accessing Bitcoin information from bank accounts can be challenging since Bitcoin operates independently of the traditional banking system. Have you tried contacting your loved one's bank for any potential leads or records of Bitcoin purchases? Remember to consult your attorney.
I have not. Can I?
Yes, you can inquire with the bank. They might have records of transactions related to Bitcoin purchases. But remember, they may not be able to provide wallet details or passwords. Have you considered this option with your attorney?
We weren’t married, but my children are next of kin
That's correct, ****. As the mother of the deceased's children, you can represent them in these matters. Do you have any other questions about the process, or is there something else you'd like to discuss?
If his mother fails to give back the property after the demand letter what is the next step?
The next step would be to:
- File a lawsuit with the court, seeking return of the property.
- Obtain a court order for the return of the property.
- If the property is not returned, you can seek damages equivalent to the value of the property.
Remember to consult your attorney.
With the lawsuit do you actually get paid back from the person?
Yes, if you win the lawsuit, the court may order the person to pay damages equivalent to the value of the property. However, collecting the judgment can sometimes be challenging. Consult with your attorney about this.
Can I report the items as stolen?
Yes, in certain circumstances, you can report the items as stolen, especially if you're the legal owner or have the authority to possess them. Have you discussed this option with your attorney?
I haven’t discussed with my attorney yet
I recommend you do that soon. Your attorney can provide guidance on whether reporting the items as stolen is the best course of action given your situation.