Oakland, CA asked in Family Law and Probate for California

Q: Mom passed away, no will, im the only child. She owns no real estate (was living in an apartment building owned by

my grandmother). Am i entitled to all her personal property? A house full of stuff & storage units.

My aunt & uncle are changing locks, telling me im not allowed over & threatening to have me arrested if i do. Can they do this, change locks & not allow me my mothers things? Legally, where do i stand?

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1 Lawyer Answer
Howard E. Kane
Howard E. Kane
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: I'm sorry to hear about your mom's passing. Assuming no will is located, then the laws of intestate succession in California dictate that you are her only heir, and you are entitled to her property. If your relatives are making this difficult, then a probate case may need to be opened to obtain necessary orders, recovery of property, etc. I recommend calling a local probate attorney to assist.

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