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
Bruce Adrian Last
Bruce Adrian Last
Answered
  • Estate Planning Lawyer
  • Pleasant Hill, CA
  • Licensed in California

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.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.