Handling Deceaseds Property Assets

Summary

If a relative passes away and you suspect fraudulent activity regarding their property, you can take immediate steps to protect the estate. File a Petition for Probate to initiate the legal process and request a Temporary Restraining Order (TRO) to prevent unauthorized access to assets. Notify the county recorders office about any potentially fraudulent deeds by filing a Notice of Fraudulent Recording and an Affidavit of Death. You can find necessary forms and instructions on the California Courts Self-Help website. Fee waivers are available for those who cannot afford court fees.

Full Conversation

Property assets of a relative that passed away
Gina, I'm sorry for your loss. To provide more specific information, could you let me know the location (state or country) where the property is located? Different jurisdictions have different rules for handling estates and inheritance.
He resided in Monrovia /glendora I'm in Riverside
Gina, it sounds like you're dealing with the property assets of a relative who passed away. To help you better, could you let me know if the deceased had a will? This will determine the specific probate procedures in California.
He did but when he passed away they did not have a current number for me and they called his realtor and she had him cremated and took all his personal property and cleaned out all paperwork and I believe I have a copy of it but I will have to find it also I don't think he had a trust but two days after he passed someone went into the Riverside / Monrovia recorders offices and filed a revocable living deed of trust but he had already passed away when they file it but it shows his name as the grantor and the grantee
It sounds like you may be dealing with a potentially fraudulent deed filing and issues related to the handling of the estate. Here are some general points to consider:
- In California, a deed filed after someone's death is typically invalid.
- The handling of the deceased's property should follow probate laws if there is no trust.
- The actions of the realtor may warrant investigation if property was taken without proper authority.
Given the complexity, consulting with a probate attorney would be advisable.
Do you have any specific questions about this process?
Yes what am I supped to do is there any forms I can file without a attorney to stop her now as I've found it hard to find a attorney that's willing to do a walk in consult and they all have no appointments for at least a week from today and I'm m sure she already has gotten to his many bank accounts for his mutual funds and E-Trade assets accounts she wasn't even going to tell me I found out through the life insurance policy cause they sent me a claim form for the new York life insurance policy he name only me as the beneficiary
Gina, you can take immediate steps to protect the estate:
- File a Petition for Probate: This will initiate the legal process to manage the estate.
- Request a Temporary Restraining Order (TRO): This can help prevent further unauthorized access to the assets.
You can find the necessary forms on the [California Courts Self-Help website](https://www.courts.ca.gov/selfhelp.htm).
Would you like more information on how to fill out these forms?
Yes please your very helpfulv
Sure, Gina! Here are the steps to fill out the forms:
- Petition for Probate (Form DE-*): Include details about the deceased, heirs, and assets.
- Temporary Restraining Order (TRO): Provide evidence of unauthorized actions and the need to protect the estate.
You can find detailed instructions on the [California Courts Self-Help website](https://www.courts.ca.gov/selfhelp.htm).
Would you like guidance on any specific part of these forms?
Is there anything else do I need to notify the county recorders office about the revocable living deed of trust
Gina, you should notify the county recorder's office about the potentially fraudulent deed. Here’s what you can do:
- File a Notice of Fraudulent Recording: Inform the county recorder's office about the questionable deed.
- Submit an Affidavit of Death: This can help invalidate the deed since it was filed posthumously.
Would you like more details on how to proceed with these filings?
Thank you if I need help with any questions I may have a long the way I can ask you correct
Yes, you can definitely ask for help along the way. Would you like more information on any specific part of the forms or filing process?
No I think I've got it for now I should be able to e file those forms right
Yes, Gina. You should be able to e-file those forms through the [California Courts Self-Help website](https://www.courts.ca.gov/selfhelp.htm). If you need further assistance or have questions during the process, feel free to reach out.
Would you like any more specific guidance on e-filing?
Oh yes is their a waiver for the fees to file
Yes, Gina, there is a fee waiver available for those who cannot afford to pay court fees. You can file a Request to Waive Court Fees (Form FW-*). You can find this form and instructions on the [California Courts Self-Help website](https://www.courts.ca.gov/selfhelp.htm).
Would you like more information on how to fill out the fee waiver form?