I'll try to be brief, but this is a pretty complicated situation.
My brother passed away a week ago in a fatal accident. At the time of his death, he was involved in a divorce that was not finalized. He and his estranged wife had been living separately for the past 4 years, and she had filed for divorce 3 years ago. The coroner listed my mother as next of kin citing California probate code 8463 - because they were parties to disolution and had been living separately. Upon receiving notification of my brother's death, this woman breezes into town demanding access to my brother's condo, his vehicles, and other property. The coroner, and sherif's deputy informed her that she had no legal right to said property without a judgement to overturn the coroner's ruling. My brother's estate is valued at less than $100,000 so it is my understanding that probate is not necessary. There are no children involved, and they were married for 8 years. Can someone tell me just what are our rights and responsibilities regarding his estate? His condo was purchased many years before the marriage, and the vehicles were all purchased after the separation. They also purchased a home together which is now the wife's residence. I really don't want to have to retain a probate attorney because the legal fees would consume most, if not all of his assets. Any advice would be greatly appreciated. thanks
My brother passed away a week ago in a fatal accident. At the time of his death, he was involved in a divorce that was not finalized. He and his estranged wife had been living separately for the past 4 years, and she had filed for divorce 3 years ago. The coroner listed my mother as next of kin citing California probate code 8463 - because they were parties to disolution and had been living separately. Upon receiving notification of my brother's death, this woman breezes into town demanding access to my brother's condo, his vehicles, and other property. The coroner, and sherif's deputy informed her that she had no legal right to said property without a judgement to overturn the coroner's ruling. My brother's estate is valued at less than $100,000 so it is my understanding that probate is not necessary. There are no children involved, and they were married for 8 years. Can someone tell me just what are our rights and responsibilities regarding his estate? His condo was purchased many years before the marriage, and the vehicles were all purchased after the separation. They also purchased a home together which is now the wife's residence. I really don't want to have to retain a probate attorney because the legal fees would consume most, if not all of his assets. Any advice would be greatly appreciated. thanks
