Legal Question in Civil Litigation in California

My grandmother died and I still live in the home I have submitted a quick deed claimer and there is someone that lives in the home with a son of my g-ma and we have tried to get her out and prevailed 2 times but my grandma was affraid of the reprecutions of her son and the sqwuater so he would somehow get her back in the for a night and she would not leave now shes died and my three children live in the home also scince they were born, and they are affraid of her she keeps them up at night she cuses and generaly causes uproar in the home constanly, recently she was arrested for drugs and parapulnaila along with the son and the police say I have to evict her she pays nothing for the upkeep of the home nor does he and never has even has threaten take me to court go ahead I'm not leaving and not paying because he(the son my uncle) dosen't, anyway I beleive she is still bringing this stuff in the home and weird people in the middle of the night I am on afdc and trying to deal with a death and cleaning up the home and I wan't her out for the sake of my children I don't want to loose them, and my stress leavel is so bad Iam getting rashes, do I have to go thru channles because I can't deal with one more thing or can I have a judge order her and him if need be out for the safety of my children? I am getting a run around and she is just making us feel like we don't want to be in our own home!

Sincerely, Thank You

Tina


Asked on 6/03/11, 10:20 am

1 Answer from Attorneys
Terry A. Nelson Nelson & Lawless

To resolve your claims on title and possession, you will have to Probate the estates of the grandparents who were the owners of record, whether they had Wills or not, unless they had valid Trusts that controlled the property. Sounds like they had neither. You will need the help of an attorney in this unless you can effectively represent yourselves in court with required filings, pleadings, hearings, motions, testimony, documentation, etc. It is a 'legalistic' and technical system, and will take time to go through. If there are contests to your claims, that will make it more complex. If and when you can establish your claim on the property, you will be able to seek eviction or other remedy to gain control of the property. If serious about hiring counsel to help, feel free to contact me.

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Answered on 6/03/11, 12:20 pm


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