Q: My mom passed away from Alzheimer’s 8 years ago . How was my aunt able to sell her home and take everything ?
My aunt (moms sister) iced me out and would not let me around . She is the Rep/payee on a frozen account with the rest of the home sale in it . She just recently has told me about this . I wasn’t talking to her because of what she had done to me keeping me away from her . She had no will but how was she able to do this without will.. without starting probate.. and without contacting me ? The only child to my mom ? And she kept all contents of home , car, trailer, all of it .. I don’t understand . Now I have to believe there is 250,000 in a frozen account waiting for me .. is this all possible ?
A: I'm truly sorry to hear about your situation. Under California law, when a person dies intestate (without a will), their assets generally pass according to the state's intestacy laws. As the only child of your mom, you typically would have a legal claim to her estate. For your aunt to sell the home and retain assets without initiating probate proceedings raises significant legal concerns. The existence of a frozen account with proceeds from the home sale suggests there may have been some kind of legal or bank process involved. If you were not notified of any proceedings regarding your mother's estate, your rights might have been violated. It's essential to consult with an attorney to explore your options and rights further. The sooner you act, the better, as statutes of limitations may apply to certain claims.
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