QUESTION
What should I do if I inherit the house and the executor of the estate but another family member is trying to have me evicted?
Asked on Oct 03rd, 2012 on Estate Planning - California
More details to this question:
There's this family member that was at the will reading. There is a hearing coming up. She sent documents for unlawful detainer. She also sent a 30-day notice to quit as if she is the landlord few months back.
4 ANSWERS
General Practice Attorney serving Glendale, CA
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Law Office of Michael Stafford
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If you inherit the house she cannot evict you since you are the owner. Until that time only the executor has the power to evict you.
Answered on Oct 07th, 2012 at 12:03 PM
Civil Litigation Attorney serving Ventura, CA
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The Law Office of Robert I. Long
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If you are named both as the beneficiary to receive the house and as Executor, and (this is important) the house is in the decedent's name, you should get an attorney to defend the Unlawful Detainer, probably a probate attorney. If the house was owned in joint tenancy, however, then it is now automatically owned by the surviving joint tenant(s) and is not part of the estate subject to the Will or probate. In that case, the surviving joint tenant can evict you.
Answered on Oct 07th, 2012 at 11:02 AM
Trusts Attorney serving Sacramento, CA
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Law Office of Victor Waid
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Get yourself an probate litigation attorney to represent you as this is going to involve probate litigation from the sounds of your question.
Answered on Oct 06th, 2012 at 1:00 AM
It is difficult to determine exactly what are the facts here. Your right to use the property prior to the end of probate is governed by the court. You need to consult a probate attorney to have all of the documents reviewed and advise you how to proceed.
Answered on Oct 06th, 2012 at 12:29 AM