Asked over 1 year ago - Cleveland, OH
Flagmy father was living with his girlfriend at the time of his death. He was in a coma for a week and during that time she had the title to his car transferred to her name illegally. After his passing, the probate court wanted an inventory of his assets but she would not allow me access to the house that they shared. I tried the police and they said they could not help. What forms do I need to file in probate court to retrieve his belongings from the home? I have receipts for most of the stuff that was bought under his name and I need these items to help with the funeral because he had no life insurance.
Our office is in the middle of a similar case right now, and there simply is no good news to give you. You are fortunate that you have receipts for some of his personal property, because it is very difficult to get someone out of a house even if they don't belong there, and she may remove whatever has value. You don't say if there was a Will. If so, and if you are named as the Executor, you need to file an application to be appointed. If there is no Will, you can apply to be appointed as Administrator. In either case, you definitely need to see a probate attorney as soon as possible. Once appointed, you will need a real estate lawyer to begin formal eviction proceedings, and it will take several weeks. In the meantime, there is little to stop her from removing any property from the house. I suppose there is a chance the Probate Court would grant a restraining order telling her she can't take things, but it may or may not stop.
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