Death of a parent who had no Will, Beneficiary or POA. Is there a case against extended family holding property?
Saturday Went to clean out dads' apartment/storage with godson, cousin & Aunt. We took items of use and necessity (old photos, paperwork etc). Offered all items left to them. NO issues
Sunday requested that the vehicle be moved to different location (wanted mechanic eval). He has the title/keys and access to the vehicle. He also has wallet, ID etc.
Monday called bank, electric, SSI, etc and had everything stopped. Monday night get text saying he will no longer help, we are taking, looking for a payout. He now refuses to answer call/text from my sister or I.
Does he have any legal right to retain this property without any written/legal documents?
What is my next step
2 attorney answers
The property belongs to your father's estate and should ultimately be distributed to his heirs (which appear to be you and your sister). If necessary, you can get the probate court to assist you in collecting the property that belongs to the estate.
No he doesn't have the right to the property. If no will you and your sister are entitled to all. You will need to open a case with probate or if under 50,000 to do a small estate affidavit.
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