answersreq
New member
What is the name of your state? CA
My father passed away and in 3/19 and left no will. He lived in an apartment in CA and my two adult siblings came and took all of his possessions from his apartment and also his storage the following week after his death. Also, one of them took his car as well. I was not notified at any time by either of them that this was happening. I did try to contact one of the siblings (my brother), a couple of days after my dad passed but he never called me and told my Mom he would not talk to me. I have checked court records and see that no one has been appointed Administrator to his estate, neither has the probate court granted an order declaring no administration necessary. Neither has anyone even published an obituary in his name.
Fact remains that my siblings have willfully taken and have kept all my rightful inheritance. As a result, I have been left with absolutely nothing of my father’s estate. I’ve been made aware that I am legally entitled to 1/3 of all of my deceased dad’s property as he was unmarried). I was told by a lawyer that I could hire a lawyer and go to probate court but that the legal fees would probably eat up all the estate as it seems that my Dad didn’t have much.
I did contact his apartment management via email asking them: "Was your office aware in advance that they would be removing his property? Did either of them sign an affidavit form with your office declaring that they were the only heirs to my dad’s estate and therefore entitled to take all of his property? If so, how do I go about receiving a copy of that form from your office? Also, I would like to inquire as to the status of any security deposit that may have been due to the estate. If it was received by either or both of my siblings, I would also like a copy of any and all forms showing this transaction as well.” I received no response from them but I know they received it as my sister told my mom that I wrote to them. She is claiming that I deserve nothing and that I should have contacted them if I wanted anything. Being that my sister and I haven’t spoken for about 20 years now, I wasn’t about to contact her and my brother refused to speak to me.
My brother took my Dad's car, put it on his insurance and is driving it around even though they were unable to find the pink slip. His insurance company is giving him 30 days to register it in his name… (and the time is almost up). The thing is, if he registers the car in his name, he has to swear under perjury that he is the sole owner, (which is not true). I sent him a couple of emails warning him that signing that form would be illegal, yet he has completely ignored my messages, so he probably plans on doing it anyway.
Then to top everything off… they arranged a Memorial for my Dad at his former apartment complex almost two months after he passed, and of course, they did not invite me. I have been so wronged by both of my siblings and I know that my Dad would have been very disappointed and saddened by all this. I would like to seek justice for myself, although I am not sure how to go about it. Being I can’t afford the legal cost for a probate lawyer, can I personally sue them in small claims court? Is there anything I can do anything to get the records from my Dad’s former apartment management? Would notifying the DMV about my brother planning to sign under perjury to get my Dad’s car registered in his name, do any good? Since theft is a crime, should I report what they have done to the police department? These are the questions on my mind… I would truly appreciate anyone’s input on any of them, (thank you so very much in advance).
My father passed away and in 3/19 and left no will. He lived in an apartment in CA and my two adult siblings came and took all of his possessions from his apartment and also his storage the following week after his death. Also, one of them took his car as well. I was not notified at any time by either of them that this was happening. I did try to contact one of the siblings (my brother), a couple of days after my dad passed but he never called me and told my Mom he would not talk to me. I have checked court records and see that no one has been appointed Administrator to his estate, neither has the probate court granted an order declaring no administration necessary. Neither has anyone even published an obituary in his name.
Fact remains that my siblings have willfully taken and have kept all my rightful inheritance. As a result, I have been left with absolutely nothing of my father’s estate. I’ve been made aware that I am legally entitled to 1/3 of all of my deceased dad’s property as he was unmarried). I was told by a lawyer that I could hire a lawyer and go to probate court but that the legal fees would probably eat up all the estate as it seems that my Dad didn’t have much.
I did contact his apartment management via email asking them: "Was your office aware in advance that they would be removing his property? Did either of them sign an affidavit form with your office declaring that they were the only heirs to my dad’s estate and therefore entitled to take all of his property? If so, how do I go about receiving a copy of that form from your office? Also, I would like to inquire as to the status of any security deposit that may have been due to the estate. If it was received by either or both of my siblings, I would also like a copy of any and all forms showing this transaction as well.” I received no response from them but I know they received it as my sister told my mom that I wrote to them. She is claiming that I deserve nothing and that I should have contacted them if I wanted anything. Being that my sister and I haven’t spoken for about 20 years now, I wasn’t about to contact her and my brother refused to speak to me.
My brother took my Dad's car, put it on his insurance and is driving it around even though they were unable to find the pink slip. His insurance company is giving him 30 days to register it in his name… (and the time is almost up). The thing is, if he registers the car in his name, he has to swear under perjury that he is the sole owner, (which is not true). I sent him a couple of emails warning him that signing that form would be illegal, yet he has completely ignored my messages, so he probably plans on doing it anyway.
Then to top everything off… they arranged a Memorial for my Dad at his former apartment complex almost two months after he passed, and of course, they did not invite me. I have been so wronged by both of my siblings and I know that my Dad would have been very disappointed and saddened by all this. I would like to seek justice for myself, although I am not sure how to go about it. Being I can’t afford the legal cost for a probate lawyer, can I personally sue them in small claims court? Is there anything I can do anything to get the records from my Dad’s former apartment management? Would notifying the DMV about my brother planning to sign under perjury to get my Dad’s car registered in his name, do any good? Since theft is a crime, should I report what they have done to the police department? These are the questions on my mind… I would truly appreciate anyone’s input on any of them, (thank you so very much in advance).