No will left by deceased

Your understanding is wrong. If the value of the estate is less than $166,250, the small estate process can be used. Without a will, the laws of intestate succession apply. There doesn't appear that you have any claim (let alone a superior one) to anything in the estate. "Shacked up with" is not something that is recognized. Absent a legal spouse or children, the parents are the heirs. In fact, the state itself has a superior claim to you.

 

It appears that the 23 year old son is the heir to everything your boyfriend owned and you end up with nothing.

 

I disagree. If she can prove that the deal between the deceased and herself for the Lexus was that it was her car and she made all the payments on it, then she can seek to get the Lexus back. I won't get into the details of how that is done here. She needs to see an estate attorney ASAP. Time is not on her side for this.

 

Good point.

 

I assume you mean boyfriend, as opposed to business partner (although it doesn't really matter).

Do you own or rent?

Did he own or rent?

How was she able to do this? Did she or her son have a key?

"The woman" being the mother of your boyfriend's son?

What does "on a process" mean? Either it was in his name or it wasn't.

I'm not following. The only way for a GOOD sale to be made is with a written transfer of title.

I'm not sure what "it should be a probate hearing" or why you would expect to hear from a city (is San Jose where he lived at the time of death?). Regardless, since he died without a will and was not married and had a child (presumably his only child), the surviving son inherits the entire probate estate. You have no claim to anything (subject to what "Tax Counsel" mentioned), with the exception of personal effects that may have been in the cars.

 

I suggest you start a dialog with his son (and, if necessary, the son's mother) and see if you can negotiate something,

 

To expand on the above post:

California has a process to transfer a vehicle that is owned by a deceased person without going through probate. The process is outlined here: 11.185 Transfer Without Probate (CVC §5910 and California Probate Code §§6401, 6402, 13050 and 13100) - California DMV

I am no saying that's what happened here, or if it's even appropriate in this situation, but it may be how the titles were transferred.

 

This is not a probate issue., really. You're not an heir. You have no inheritance rights.

The issue (as Tax Counsel) puts it is whether there was any contractual relationship with the deceased as to the rights to the car. If he were alive and refused to turn it over to you it would be the same as you trying to get it from the estate.

 

There is no legal requirement, nor do they have a legal duty to communicate with you.

Quite frankly, when most people lose a loved one to death, they grieve.

People also mourn, and most wish to be left alone to do so.

 

...and if the car(s) has/have already been sold, then the OP can only expect, at best, to recover money, not the car(s).

 

Small claims court IS civil court. How much are these cars worth?

You have no standing to do anything in probate court. If you think you can prove, with competent evidence, a contract by which your deceased boyfriend agreed to transfer title of one or both vehicles to you in exchange for you doing something for him (the legal term is consideration), then you will need to sue. You would name the current title holder and, if different, whomever has possession of the vehicles. Do you have any evidence -- other than your testimony -- of a contract with your deceased boyfriend?