My father passed away. My sister & I are next of kin. Dad had no POA (financial), Beneficiary, Life insurance or Will/Declaration. Minimal communication over the last 4-6 years. Dad got sick, his godson (great nephew) was appointed POAHC and they had discussions about end of life care. Dad verbally designated items to certain extended family members. Godson arranged hospice transfer and cremation as my dad requested. Death cert being sent to him. We did not contest any of the above.
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
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.
In accordance with the Avvo community guidelines, this communication does not constitute "legal advice", nor does it form an attorney-client relationship. You should seek counsel in your geographic area regarding any specific questions.
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.
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