QUESTION

Can my brother, who is executor of moms estate remove and dispose of my belongings in our deceased mothers house against my will

Asked on Dec 18th, 2020 on Trusts and Estates - California
More details to this question:
I had been living with my mother for last twelve years, helping with her care and giving her the ability to stay in her home. It also let my brother save $50,000 a year in overnight caretakers fees that he did not have to pay from her estate. I was pressured into taking an apartment I did not like, then the locks were changed and I was only allowed limited access to my belongings. A storage space was rented and I was told to no longer sort through my things, just to shove everything into boxes to be sorted later. Not all my things would fit so the remainder of my things were put on the back lawn and I was given 2 days to remove or lose my things. Most of my more valuable things like power tools and hardwoods were never outside so I could not take them. Then a clean up crew packed and removed all of my belongings. Was this legal? I never recieved anything in writing about any of this.
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1 ANSWER

Estate Planning Attorney serving Woodland, CA
Partner at Sonin Law
3 Awards
This is not an estates question. This is really a landlord-tenant question. In California you were a tenant in the house if you had your belongings there and received your mail there. I suggest you re-post in that section. I believe that you may have given up some rights when you voluntarily left without being evicted, but please, please, check that with someone who does landlord-tenant law. A landlord also has obligations to store a tenant's belongings for a period after they leave.
Answered on Dec 21st, 2020 at 9:05 AM

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