Q: My dad died almost 2years ago, after he passed away his wife told me and my 3 siblings there was no estate no will.
I know my dad had assets. He owned his home over 50 years. He was cremated when he had a burial plot paid for already, which she lied about. His ashes were just buried less than a month ago. I am thinking there is something suspicious with her. My sister told me she had a company shred documents after he died. She was given a demand letter to present my fathers wishes and never complied. Going over his progress notes from when he died in the hospital, I discovered there was a NO CODE then FULL CODE , with no advanced directive on file at the hospital. I am so distraught and I need advice on what to do! Thank You!
A:
I understand how distressing and suspicious this situation must feel for you. In California, when someone passes away without a will, their assets typically go through probate, a court-supervised process that distributes the deceased's estate according to state laws. You and your siblings have a right to inquire about your father's assets and how they were handled after his death.
You should start by requesting a copy of the death certificate and any probate filings from the county court where your father lived. These documents can provide valuable information on whether an estate was opened and who was appointed as the executor. If you believe assets were improperly handled or not disclosed, you and your siblings might consider filing a petition with the probate court to demand a formal accounting of the estate.
If documents were shredded and your father's wishes were not honored, these could be significant issues that the court should address. It might be beneficial to gather as much evidence as possible, including statements from your siblings and any other witnesses, to support your claims. Reaching out to the probate court is a crucial step in ensuring your father's assets are appropriately managed and distributed.
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