Can someone steal an estate?

What is the name of your state? California

Hi all, first post, so forgive me if I don't know what I'm doing.

So, I've got a friend who's father recently died, and she is the sole biological child of his. He had no will to speak of. My friend started the probate process, notifying creditors and the like. She was appointed as the administrator of the estate, with limited access and privileges. The father had owned a house and two cars. She has already had the house appraised, and is now waiting for everything to be put in her name. That is, her name was not on the deed to the house and one of the cars. She was in the process of getting her name attached to the house and car.

Unfortunately, we recently discovered that her aunt, who had her eye on the house at the time of my friend's father's death, has begun renting out the house to a tenant, has sold the car that didn't have my friend's name on it (though the one with her name on it is still being offered by the aunt) and is generally acting like she owns everything that my friend's father left behind.

The aunt's name is on none of the things that the father left behind. My friend is the sole heir to the estate. Can someone tell me what can be done, and what is wrong with the situation? Does the aunt really have any sort of claim? If not, what can be done about the house, and the cars? What about the car already sold?

Again, sorry if any of this was confusing, I'm not even entirely sure this is the proper place to post. Thanks for reading.

-MWhat is the name of your state?

She was appointed as the administrator of the estate, with limited access and privileges.

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What are the limitations & privileges?

Does your friend have an attorney?

Yes, she has an attorney.

And I'm not entirely sure of her specific privileges. I just know that at the moment, everything is under bond by court order until the probate ends. I know that she doesn't have access to the money left by her father that was in her father's account until the probate ends as well. Her lawyer and her already transferred the money over to her name, anyway.

Aunt had no legal authority to be handling anything with this estate. Administrator needs to consult with her attorney to decide if it would be worth the time and trouble to file charges against the aunt. Administrator has the authority to evict the tenant (but should consult with a landlord/tenant attorney to make sure procedures are followed strictly). Administrator can also take steps to void the sale and attempt to recover the sale money, and her attorney or another civil law attorney can advise her how to do this.

DANDY DON IN OKLAHOMA ([email protected])

MuseEffigy said:

Yes, she has an attorney.

And I'm not entirely sure of her specific privileges. I just know that at the moment, everything is under bond by court order until the probate ends. I know that she doesn't have access to the money left by her father that was in her father's account until the probate ends as well. Her lawyer and her already transferred the money over to her name, anyway.

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Let her attorney handle this matter. It will take a bit of time to straighten things out.

Oh, I know, I was just wondering if anyone here knew if that was, well, illegal. Although now it looks like it's gotten even more complicated, with the aunt saying that my friend's father had a son as well, even though no one's ever heard of such a person in the family. Fun times ahead, I'm sure.

-M