What can we do to protect my late father’s estate if his live-in girlfriend is taking his assets?
Get Legal Help Today
Compare Quotes From Top Companies and Save
Secured with SHA-256 Encryption
What can we do to protect my late father’s estate if his live-in girlfriend is taking his assets?
My father recently died; he was not married however did have a girlfriend of 10 years. He did not leave a Trust or Will and we are currently starting probate. He owns a house and 2 vehicles. We just found out 5 days after his death his girlfriend changed the titles of the vehicles to her name through DMV. She has placed wheel locks on both vehicles. These vehicles are at my father’s house where she legally can stay until we are able to serve her with an eviction notice. We do understand this is fraud and are making a police report. What can we do in the meantime to make sure these vehicles are not sold or to prevent further loss to my fathers estate?
Asked on July 30, 2015 under Estate Planning, California
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 9 years ago | Contributor
Have an attorney file a complaint seeking emergent ("urgent" or "emergency") relief in the form of a court order barring the girlfriend from moving, selling, transfering, encumbering, etc. any of your father's assets. Properly done, you can get the court order in a very few days. Let an attorney help you with this--it can be procedurally complex and is not for a non-lawyer. Speak to an attorney today--preferably one who handles estate and probate work.
IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.