QUESTION
Do I have rights to my mother's belongings which she received from her parents?
Asked on Aug 31st, 2014 on Estate Planning - California
More details to this question:
I am being told I have no right to take my mother's stuff that belonged to her. That her boyfriend has control and her brother has control of her belongings. I have/had power of attorney. There is no domestic partnership on file nor did they file joint taxes or have any accounts together. Can they do this?
3 ANSWERS
Taxation Law Attorney serving Glendale, CA
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Irsfeld, Irsfeld & Younger LLP
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Did she die? Did she have a will? Did she give (while alive or after death) the stuff to them? If she died without a will, then you (and her other children if any) get all.
Answered on Sep 02nd, 2014 at 4:01 PM
Trusts Attorney serving Sacramento, CA
at
Law Office of Victor Waid
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No. Obtain the services of a probate lawyer to advise you and maybe send a cease and desist letter to them. The Durable Power of Attorney died when your mother died.
Answered on Sep 02nd, 2014 at 1:55 PM
2 Awards
If she had a Will, the will needs to be followed. If not, file a Petition for Probate. Her children are her heirs, not a boyfriend and not a brother.
Answered on Sep 02nd, 2014 at 11:26 AM