My brother died had no will he was not married or no children what happens to his estate can any family member go into the estate and take his personal property

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

My brother died had no will he was not married or no children what happens to his estate can any family member go into the estate and take his personal property

My brother died unfortunately
family members have broken into
his home all his belongings are no
longer in his home and his bran
new car is gone is their any thing
we can do the law has been broker

Asked on January 25, 2017 under Estate Planning, California

Answers:

S.L,. Member, California Bar / FreeAdvice Contributing Attorney

Answered 7 years ago | Contributor

Sorry to hear about your brother.
Since he died intestate (without a Will) the rules of intestate succession determine inheritance.
Your brother was not married and had no children.  Therefore, his parents inherit his estate.  If the parents are deceased, the estate goes to his siblings.  The estate is divided equally among the siblings.  If you are the only sibling, you inherit the entire estate.
As for the stolen assets and breaking into your brother's home, criminal charges could be filed for auto theft, burglary, etc.
Another alternative is to sue those who have stolen your brother's assets for conversion, which is theft in a civil case.
Your remedy in court is a constructive  trust  which will require those who have stolen the assets to return them to the estate.  If they have sold assets or spent funds, the constructive trust can be used to trace the assets and recover the proceeds or any acquisitions or their value which can be returned to the estate.  
 


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.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption