Legal Question in Civil Litigation in California

My aunt passed away five months ago she had told me she wanted me to take over her house but we haven't found any legal papers saying that she left me her house. I payed three monthes of her house n the people that live in her garage don't want to give me there part of the rent can I sue them for the three months they owe ( I don't live in that house)


Asked on 2/21/12, 1:02 pm

1 Answer from Attorneys

Edward Hoffman Law Offices of Edward A. Hoffman

The tenants must pay rent to the owner of the house. They have no reason to believe you are the owner. For now, at least, you really aren't the owner.

Your question doesn't say whether your aunt had a will. If she did and it doesn't say that you are to get the house, then you probably have no claim to it. (I say "probably" because I can imagine scenarios in which you would have such a claim.)

If she didn't have a will then her entire estate -- including the house -- will be distributed according to the laws of intestate succession. Depending upon what other relatives survived her, you may not end up getting anything from her estate. Even if you do get something, it may not be the house. It may not even be worth anything comparable to the value of the house.

Your aunt's house is part of her estate. The tenants should pay rent to her executor until the probate court approves a transfer of the house to someone else. That someone may or may not be you. Unless there is persuasive evidence your aunt wanted you to get the house, it will probably be sold and the proceeds divided up among her heirs.

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Answered on 2/21/12, 1:14 pm


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