QUESTION
What do we do with my stepdad’s stuff if he is in jail?
Asked on Jun 08th, 2017 on Landlord and Tenant Law - California
More details to this question:
My mother was sick with cancer. Her abusive husband went to jail. While he was in jail, she passed away. She requested that we sell her stuff to pay her funeral fees. We did. Her husband is out now. He has stuff at the house which he wants, we want to give to him, but he is not responding to our requests to meet to give it to him or a time to allow his representative pick the stuff up. Mom left no will. The property is going up for sale.
2 ANSWERS
After 21 days you may treat as "Abandoned Property".
Answered on Aug 26th, 2017 at 8:07 PM
Has anyone filed to probate the estate? In order to transfer title to the house, there has to be someone appointed by the Court to handle the assets that are not automatically his, since California is a common law state [no matter how bad of a person he was, as her husband he is entitled to half the property unless she held it as her separate property]. As her husband, he is also entitled to inherit part of the rest of the estate. It may not be possible to sell the house as no one would buy less than a full interest in the property. You need to read up on estate law; Nolo Press has several good books written in lay language. Based upon the above, you question may not legally matter. However, in general, you can a person notice to pick up their items or after [I forget if the code section is 30 days] a certain date you will get rid of that that has no value and sell the rest at an auction, paying the former owner the amount realized in the sale, less the costs and your expenses.
Answered on Aug 24th, 2017 at 10:51 PM