Sacramento, CA asked in Probate for California

Q: If the person who is next of kin to deceased (no will) won't take all of belongings, what do we do with them?

Worried that if we dispose of belongings the sister might come back and sue us. Complicated by fact that the next of kin is deaf mute.

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James L. Arrasmith
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Answered

A: In California, when a person dies without a will, their estate is distributed according to the state's intestacy laws. The next of kin, in this case, would typically be the primary heir. If the next of kin, who is the deceased's sister in your situation, refuses to take the belongings, there are several steps that can be followed.

Firstly, it's important to communicate clearly with the next of kin, considering her unique needs due to her being deaf and mute. Ensuring that communication is accessible and understandable is crucial to avoid misunderstandings.

If she still declines the belongings, you may consider selling or donating them. However, it's advisable to document all communications and actions taken regarding the disposal of these items. This documentation could be vital in case of any legal disputes in the future.

To protect against potential legal issues, it might be wise to seek the advice of an attorney experienced in probate law in California. They can guide you on the proper legal procedures to follow in this situation, which can help prevent future legal complications, including the potential for a lawsuit from the next of kin.

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