QUESTION
My father died and as far as we know there was no will. All property was in his name only. His live in girlfriend is claiming / taking over payments?
Asked on Feb 18th, 2021 on Wills and Probate - California
More details to this question:
The live in girlfriend is not communicating. We found out that she let his truck go in to repo, and she bought a off road vehicle from the bank? Can she legally do that? She is paying his house payment and still living there. We are scheduled to file the probate case soon, however how can she do anything with his property?
1 ANSWER
2 Awards
After the court appoints someone administrator of the estate, that person can file actions for wrongful detainer (eviction) and conversion (converting his property to hers). Since she was not authorized to make house payments (once someone is appointed administrator or executor, there can be no foreclosure for six months), whether she can recover them from the estate is an open question. Making them does not change her status as a squatter if there is no lease.
Answered on Feb 19th, 2021 at 5:13 AM
This is general information. It cannot substitute for a personal consultation with an attorney. It is not intended to be legal advice or imply an attorney-client relationship.