estate problem

[quixiotic2]

What is the name of your state (only U.S. law)? California..my dad left no will. his estate is most likely below 100k. he lived with a woman for 50 years in California but did not marry her. I live in Nevada so distance is hindering my estate investigative efforts. His common law wife is hiding assets and claiming power of attorney but I checked public records and no power of attorney is recorded. DMV will not give me a list of assets without VIN numbers. I know my dad had a few expensive boats but am unable to locate any info. How can I proceed to discover assets and can my dads common law wife forge signatures and take ownership via probate or claiming no living relatives...how can I STAY informed if she tries to claim no living relatives?

 

[OHRoadwarrior]

Fish or cut bait? She either is or is not his wife. A POA is not valid after the issuer dies.

 

[quixiotic2]

fish or cut bait? She is not his wife..an attorney told me common law wife only stands if husband is alive..so now I know POA is invalid. Now im wondering can she file as executor of his estate thru probate court claiming no living relatives..if she does this how can I find out..AND how can I find out what assets she is hiding

 

[Eekamouse]

Why are you assuming she's hiding assets? Has it not occurred to you that he could have put her name down as co-owner for boats and vehicles, etc.? You don't sound as if you and your father were particularly close towards the end of his life or is that not true?

 

[quixiotic2]

she is a greedy rich woman..Ive already discovered a very expensive boat in California that she was hiding..my dad made a lot of money. And yes we were close but he never thought he would die so young so he did not plan his estate...I am his lone beneficiary on all his IRA and bank accounts..he always told me that he never married her because she is rich and he did not want his estate to go to her already rich family.

 

[OHRoadwarrior]

Perhaps you should be searching at the county personal property tax office.

 

[Proserpina]

she is a greedy rich woman..Ive already discovered a very expensive boat in California that she was hiding..my dad made a lot of money. And yes we were close but he never thought he would die so young so he did not plan his estate...I am his lone beneficiary on all his IRA and bank accounts..he always told me that he never married her because she is rich and he did not want his estate to go to her already rich family.

A greedy rich woman who happened to stay with your father for 50 years?

Huh.

Interestingly enough, while CA does not (and has never) have "common law" marriages, there is quite a bit of case law involving splitting the assets in what amounts to, "Ok so you weren't legally married but we do recognize that in certain situations assets may be divided and awarded as if you were legally married".

There's case law both for and against that.

 

[quixiotic2]

everyone is missing my original question..i live in Nevada..she lives in California..if she goes to probate court and files saying there are no living relatives..and petitions to become executor, how can I find that out? And in answer to your question yes she is greedy..when my dad passed away, I was in her house as she was sorting thru my dads belongings..she gave me his dentures..reading glasses and two broken watches and she pocketed 3 expensive rings, all his gold watches and al his gold/diamond cuff links..Im not going to fight with her I would like to know my rights and inform her what she is legally obligated to do...btw..regarding all my dads financial accounts I am listed as sole beneficiary..she was never named although she believed she was and is now trying to intimidate me into signing
over the financial inheritances to her as well.

 

[Proserpina]

everyone is missing my original question..i live in Nevada..she lives in California..if she goes to probate court and files saying there are no living relatives..and petitions to become executor, how can I find that out? And in answer to your question yes she is greedy..when my dad passed away, I was in her house as she was sorting thru my dads belongings..she gave me his dentures..reading glasses and two broken watches and she pocketed 3 expensive rings, all his gold watches and al his gold/diamond cuff links..Im not going to fight with her I would like to know my rights and inform her what she is legally obligated to do...btw..regarding all my dads financial accounts I am listed as sole beneficiary..she was never named although she believed she was and is now trying to intimidate me into signing
over the financial inheritances to her as well.

For Pete's sake, this is a woman who spent 50 years of her life with your father.

You're here are asking basically what you're entitled to.

Not seeing her as greedy.

A probate attorney is what you need.

 

[quixiotic2]

lol..are you saying im greedy for being upset that this woman is hiding assets..if she is legit..why would she need to lie to me and hide things. My dad stayed with her out of desperation. He planned to leave her many times..asked me if he could move in with me..in fact I was arranging him a home near mine when he died unexpectedly. I don't think its asking to much to be entitled to a small inheritance and some family heirlooms that came from my side of the fami;y but those have all mysteriously disappeared according to her. Good lord Ive received no help from any of you..only condemnation..thanks a bunch.

 

[Eekamouse]

You don't know she's hiding assets. You're assuming she is. Nobody has condemned you. Just asked for more clarification mostly. FWIW, if your dad really wanted to leave her, don't you think he would have? You might want to try working with the woman instead of jumping to conclusions before having any proof of wrongdoing.

 

[OHRoadwarrior]

I guess it is too bad he had to rely on her instead of one of his children being dependable over the course of 50 years.

 

[quixiotic2]

Ive had a hard life..and you re right I feel badly I haven't been able to help my dad more but times are tough..I went to see him a few times a year..now can be gt back on point..how can I find assets belonging to my father..he put nothing in her name for a reason

 

[Proserpina]

Ive had a hard life..and you re right I feel badly I haven't been able to help my dad more but times are tough..I went to see him a few times a year..now can be gt back on point..how can I find assets belonging to my father..he put nothing in her name for a reason

Probate attorney.

(Fairly certain that was mentioned earlier)

 

[Proserpina]

lol..are you saying im greedy for being upset that this woman is hiding assets..if she is legit..why would she need to lie to me and hide things. My dad stayed with her out of desperation. He planned to leave her many times..asked me if he could move in with me..in fact I was arranging him a home near mine when he died unexpectedly. I don't think its asking to much to be entitled to a small inheritance and some family heirlooms that came from my side of the fami;y but those have all mysteriously disappeared according to her. Good lord Ive received no help from any of you..only condemnation..thanks a bunch.

I can't speak to her motives, because I'm not in her head.

Perhaps she feels like there are vultures circling overhead? Heck, she might be thinking "Excuse me? I've supported and loved this man for 50 years and all of a sudden his kids come out of the woodwork as soon as he died?"

Maybe she is a money-hungry gold-digger.

We cannot say.