Williams, CA asked in Estate Planning and Probate for California

Q: A friend died recently and told me was leaving me a truck and trailer. His kids' mother rifled his room...

...and took the titles to everything. She hasnt been in his life for decades but knew his elderly mother who my friend was caring for upon his death. Do I have any recourse? I know he wanted me to have these items as we were good friends for a long time and were close until his demise. He knew his time was short due to having cancer.

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3 Lawyer Answers
Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: It depends on whether he left a trust or will detailing his desires. Most Americans say they will get a trust or will “someday”, but never end up doing it before passing, which leaves a mess for their loved ones to clean up. I’ve read different statistics, but somewhere around 60-70% of our country plan to “get a trust or will one day”, but never does a thing. I hope your friend isn’t like the majority of Americans and had a legal document saying you are entitled to those items. If not, the only way you can get them is to PROVE in court that he promised them to you or having the ex voluntarily give them to you. This is potentially another example of why people need a tryst or will. Lawyers often make 10x the legal fees when people do NO planning so, when I tell people to get a trust or will, it is for the benefit of their loved ones, not mine. I just hate seeing this type of event happening every single day. Sorry!

Nina Whitehurst agrees with this answer

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: P.S. I apologize for the typos. I answered this on my cell phone.

Theodore Allan Greene
Theodore Allan Greene
Answered
  • Sacramento, CA
  • Licensed in California

A: If he never put anything in writing and didn't have a trust or will it would be very hard for you to prove in court that he wanted you to get those items. Did he tell anyone else besides you that he wanted you to get those items? If none of the above then I suggest you let her know of his wishes and maybe she will do the right thing.

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