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No will no probate involved

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stacylowridez

Junior Member
Kern County,California.. My father died in 2007, there was no will, no probate filed. My sister and I were astranged from our father, but the only relatives. We were searched and found by the coroner. The coroner gave us possession of his belongings, in which my sister and I devided amoungst ourselves. We recently found some paperwork and receipts that show he has more property that we havent claimed. It is located on the property of a business, in which he resided when he died. Are we entitled to the property if no will or probate was filed? Or is there a statue of limitations of claiming it?
 


justalayman

Senior Member
what kind of property are you talking about?

If personal property, you likely have a rightful claim BUT depending on the situation, there may be liens against it for some reason such as storage costs.

It is located on the property of a business, in which he resided when he died.
did he live in the business or this property you speak of?
 

stacylowridez

Junior Member
yes he lived there and actually died there. He was a diesel mechanic and had his fifth wheel on a trucking companys property. Everything he owned we thought we took possession of. But we found some receipts of snap on tools, very expensive ones, a huge building/shed he bought all the building supplies for, and several more items.
 

Zigner

Senior Member, Non-Attorney
yes he lived there and actually died there. He was a diesel mechanic and had his fifth wheel on a trucking companys property. Everything he owned we thought we took possession of. But we found some receipts of snap on tools, very expensive ones, a huge building/shed he bought all the building supplies for, and several more items.
You have receipts - where are the tools? How are you going to be able to prove that your father didn't give/sell the tools to the company?

As for the shed - what proof do you have that your father wasn't reimbursed for all the supplies?

etc.
 

justalayman

Senior Member
unless the shed it a unattached and moveable unit, it is now part of the property it rests on. If it isn't, you would have to investigate the situation.

as to the tools and such; probably have a claim but you would need to investigate and possible situations such as zigner suggested.

is the 5th wheel unit still there? If so, that should have a title. As long as it remained in your fathers name, you should be able to lay claim to it.
 

stacylowridez

Junior Member
we have receipts for all he ever owned, he had years and years of paperwork saved. As far as the fifth wheel, his vehicle, two cargo trailers with tools, everything that was obviously legally ours,(things with pink slips) we have. The owner of the company was a real jerk, and really hoped to keep the stuff. Thinking me and my sister wouldnt be found. My dad worked for his self. Like a independent contractor, keep notebooks of his hours and pay, all proper tax items for running your own business. He didnt receive a paycheck. Theyre is no proof there is anything belonging or shared with anyone else.
 

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