The following is a two part question and I would appreciate any help I
can get, even if it is only to point me in the right direction to get
some help.

A lifetime friend of mine is currently serving a 4 yr. sentence in
prison. He has been married for 9 years. The home he lived in with his
wife is in Big River California. His name is the only name on the
home. The wife is filing for divorce and because he is incarcerated,
is apparently attempting to divide the property herself. She has
listed the home that they lived in together as her part of the
division of property. The one that is in his name only. My friend has
given me power of attorney and he is asking that I do what I can to
hold on to that home. I am willing to hire a divorce attorney to fight
for his rights, however just asking a question of an attorney costs
money, and if there is nothing I can do to keep that home for him than
why bother hiring an attorney?

The second part of my question is that prior to his incarceration, his
mother passed away. That home is located in Earp, California. The
mother left the home to my friend, and he added the wifes name to
title. The wife has listed this home on his part of the division. This
home is worth significantly less money. Because he is incarcerated,
the wife has managed to change the locks on this home and keep his
extended family, and myself with power of attorney - out of the house,
away from the mothers personal belongings, financial papers and even
her ashes. She has restraining orders against every member of the
extended family. Has not aquired one against me yet, as she is not yet
aware that I have become involved or that I have power of attorney.
Can I get a court order or something on my own without an attorneys
involvement to get into both homes to retrieve his personal
belongings, and the deceased mothers?
I also want to mention that the wife works for the La Paz County
Sherrif's Dept. and maybe it would be more difficult to do this
without an attorney because of this reason..?
I only want to protect his interests and if hiring an attorney is what
I have to do to best serve his interests that is what I will do - I
just need some advice.
Also I should mention that there is his retirement acct. his last
paycheck and most importantly, his inheritance that she is attempting
to keep and has apparently frozen these monies. She is also driving
the deceased mothers vehicle which clearly was left to my friend in
her will. Please help if you can. Thank you.

Indeed. You do need to contact an attorney to provide your friend's
interests the best protection available. We can't provide legal advice
here. The best we could do is give you some insight into published
law. As much as I hate to say it, with the wife employed with the
local sheriff's department, you have a difficult fight on your hands
since they will likley be the agency that will be called upon to
enforce any court orders.

tutuzdad-ga

Further to the good advice given by the researcher (tutuzdad) I would
recommend you find the best attorney possible. I would also suggest as
you are representing your friend in what is anything but a simple
issue you ask to be paid for the time you spend and for any expenses
involved. Assuming this is going to be time consuming for yourself I
believe this is not an unreasonable request.
 
Hopefully an arrangement would be worked between your friend and the
lawyer you find for how you would be compensated.

Your friend will be responsible for the Legal fees and any monies owed
to yourself. However as there are two properties involved (as well as
some other issues) I suggest this is money well spent.

Mongolia

Being a New Yorker, I'm not really familiar, but I believe California
is a community property state, so that any assets your friend acquired
during his marriage are unfortrunately half belonging to that harpy.

My recomendation would be to hire an attorney in the next county over from La Paz.

I thought I heard something about having to be married for 10 years in
California before full rights for property / maintenance are bestowed
on the spouse (didn't Tom Cruise and Nicole Kidman fight over that
issue?).  You may want to ckeck it out.  Also, I thought that the law
views inheritances as the sole property of the inheritee, and
inheritances do not count as marital / joint / community property.  If
that's true, the mother's house, the car, and anything else she left
to him is his property only, and the harpy (I loved that comment!)
can't legally dispose of or use it.  Of course, he is in jail and, as
he has found out, it is hard to keep her from doing anything with his
property while he is locked up.  I'd agree - go for the attorney -
money well spent. Good luck!