Simi Valley, CA asked in Estate Planning, Family Law and Probate for California

Q: My Daddy died in Az, woman living with him said they were married, they were not. She falsified docs. Ashes were sent

How does daughter fight for Daddy's ashes from ca?

1 Lawyer Answer

A: Simi Valley:

If your Father was a resident of Arizona, you will need to get an attorney in Arizona and fight it in the Arizona courts. This is because the residence of the decedent provides the courts jurisdiction.

There is an exception if your Father owned real property in California. The other item that gives a court jurisdiction is real property in the state. In fact, if he did own real property in California, and the probate was opened in Arizona, a second probate, called an Ancillary Probate, needs to be opened in California.

As you probably guessed already, there is quite a bit of law at work here and advice of a qualified attorney is highly recommended. Particularly if an Arizona court already made findings or entered orders.

In California, most local county bar associations run lawyer referral services where you receive a free or low cost consultation. And, the Arizona Bar Association runs a free legal referral service at https://azbar.legalserviceslink.com/.

Best of luck.

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