Legal Question in Real Estate Law in California

She is likely considered a tenant. Determine if there is a lease or any other documentation reflecting her rights. If there is the lease determines the rights of the parties. If there is not, you can ask her to leave, and if she does so voluntarily your problem is solved. If not you will need to deal with eviction proceedings.

California law divides non-owner occupants into categories: tenants, lodgers, guests and trespassers. Depending upon some facts not given, including the relationships between you, the caregiver and the deceased, this family member may have been a tenant or a guest, or even possibly a lodger. Any written documentation such as a lease or a caregiver agreement would also aid in determining status. The process for removing persons in the four categories differ, as do their rights and yours. Guests are most easily removed--you simply give them notice that they are no longer welcome and give them a reasonable amount of time, maybe a couple days, to gather up their stuff and hit the road. If they don't, they become trespassers and you can involve the police or sheriff (although they hate to get involved).