QUESTION
What do I need to do to evict my stepfather from my mother’s home?
Asked on Jan 28th, 2017 on Estate Planning - California
More details to this question:
My mother passed away approximately one year ago. Currently, I reside in the home she purchased (as a single unmarried woman). My stepfather also resides in the home and just recently tried to sell the home without my knowledge, and was not able to do so. Stepfather has since remarried and I know that he would like to bring is new wife to live in my mother’s home.
3 ANSWERS
Was her estate probated so title to the property was transferred? Even though she owned the property before she was married, he still might have a community interest as to the payments jointly made while they were married. If he has any legal interest in the property, an owner can not evict another owner in possession of the house. You need to be sure that the local recorder's office shows you have a legal interest in the property.
Answered on Apr 04th, 2017 at 8:58 AM
Talk to a real estate attorney. You must first serve a notice to quit and then bring an Unlawful Detainer case.
Answered on Apr 04th, 2017 at 8:57 AM
Edwin K. Niles
Did Mom have a will? A trust? Was the house fully paid before marriage? How does title stand? We need these questions answered before we can advise.
Answered on Apr 04th, 2017 at 8:57 AM