Legal Question in Landlord & Tenant Law in California
Eviction
My Grandmother recently passed away, She owns a triplex, I have been living in the upstairs house over 10 years now, I pay rent now my father has taken over the property and wants to evict me to move in his stepdaugther who is 50+ years of age, I have 2 minor children and I refuse to move this is our home it has been for the last 10+ years, does he have the right to evict me?
2 Answers from Attorneys
Re: Eviction
Did your grandmother have a will, and did the will leave the house to you? If no will, then she died intestate. If she left no spouse, then your father will have to file a court petition to be administrator of the estate. If he doesn't do so soon, you should talk to an attorney about handling the estate. Without a court order, your father's rights regarding the house might be limited, unless he also was on title. What you might do is have a neutral third party -- perhaps a community mediator or clergy member -- work with both of you to reach some kind of compromise.
Re: Eviction
It is unclear how your father "took over" the property. Unless your father inherited the property or is a properly appointed trustee or executor, he might not have the authority to do anything.
As my colleague Mr. Cohen suggested, you should see a local probate/estate planning attorney to determine your lega rights and standing. I also strongly agree with Mr. Cohen about seeking the help of a local mediator or clergy. A matter like this should come between a father and child.
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