Aunt taking my deceased father’s money and possessions

r/

Location: California (Los Angeles County)

My father passed away in early June from a stroke (his second one) and was taken off life support since the doctor told us he would not have anymore quality of life. I will admit I was not present in his life the last 9 years and because of this my aunt who was much closer to him believes she is entitled to his possessions including his money. This aunt and her immediate family in particular is the main reason why my father and I did not talk the last years of his life. It is also worth mentioning I am his only living child. My aunt just a couple days after he passed started taking out amounts of anywhere from $200-$400 out of his bank multiple times a day approximating to about 10k to this point. I was able to get a hold of his phone and discovered what my aunt was doing. I even found out she called the bank to close his account. My uncle said he thinks he overheard her talking to one of their sisters and he’s pretty sure she pretended to be me when closing the account. My father did not have a will however, I was a beneficiary under his life insurance( I’m pretty naive to legal matters so I don’t know if that makes sense). I went to the bank and they told me they couldn’t pull up any receipts of the transactions since the account was already closed out. I am set to pick up the rest of his belongings within the next couple of days. I asked my aunt if she wanted to keep anything and she told me no. Which to me means shes already taken what she wants. I understand there’s nothing I can do to prove she’s taken his possessions but I hate the idea that she is taking from him when she is not his next of kin and completely taking advantage of the fact that he’s passed away. If there’s anyway someone help me start a case (if there even is one) or at the very least point me in the right direction I would be very much appreciative. Thank you

Comments

  1. SteveZedFounder Avatar

    You need an estate attorney familiar with the laws of California.

    I recently dealt with a death of an intestate (without a will) family member in Florida. There, similar to California, they follow a succession law that says spouse and children are first on the list. The only way a sister of a deceased intestate person could get assets is if they were the last remaining relatives in the order of succession.

    Wrt the bank account, if the account was held jointly by the aunt and your father, she may have a right to the cash. If she was not named on the account, that would appear to be theft from the estate, at best, and fraud if she impersonated someone. If you feel a fraud has been perpetrated against the estate, then you should definitely notify the police. They will investigate.

    You should also begin to probate the estate. As an adult child, you are the person who should probate the estate.

    California provides a guide: https://selfhelp.courts.ca.gov/probate