QUESTION

my mom passed away inestate with shared property,the shared person sold the property and kept everthing $ and my moms belongings

Asked on Mar 04th, 2017 on Wills and Probate - California
More details to this question:
my mom and her boyfriend owned a very nice double wide mobile home she paid caxh 11,000 after the funeral i spoke with BF and we both agreed to not sell until we talked to other family members ,my lil sister moved in and was evicted a few months later i wasnt told about this then the mobile home was sold for 28,000 $ the BF also kept my moms things more importantly didnt put nothing for moms cemetary plot,im the first born i should have recieved my moms share of the sale do i have a case or is it too late
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1 ANSWER

Maryellen Sullivan
I'm sorry for your loss.   Property that your mother owned jointly with her boyfriend became his when she died so he had the ability to sell it and keep the proceeds if that is the case.  Alternatively, if your mother was the only owner, it became estate property when she died and is subject to the laws of intestacy, which provide that everything is distributed equally among children if the person who died was not married.  This is assuming that they did not register as domestic partners.  Ownership of a mobile home is determined by the title certificate.  Personal items in her home that were not owned jointly with her boyfriend also are considered estate property and should be distributed to her kids.  There are no special rights for the first born, and also if you have any siblings who have died but left children, those children are entitled to their deceased parents' intestate share. It sounds like you and your siblings may be entitled to your mother's personal property.  You could file something in probate court to require her boyfriend to turn it over, but I would suggest trying to work it out with him directly first.  There also is nothing to stop you from buying and placing a stone or monument in her cemetary plot, although if there is no money in her estate you would have to pay for it.  Again, if he is not a registered domestic partner, you and your siblings probably had a superior right to his to determine what happens with your mother's remains, but that may be better solved by talking it out.  Maybe he would be willing to use part of the sale proceeds to pay for this.  A lawsuit probably would cost you more money than you could hope to recover, and also would be an emotional and stressful experience.  Good luck.     
Answered on Mar 06th, 2017 at 8:02 AM

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