Legal Question in Landlord & Tenant Law in California
Removal of uncooperative relative from house in probate
My domestic partner is the executor/trustee of his stepfather's estate. His stepfather allowed my partner's brother to move in with him rent free, out of the goodness of his heart because he didn't have a place to live. The stepfather died recently and the brother is refusing access to the house to inventory belongings, clean up and let workmen do necessary repairs in order to put the house on the market. He is also disposing of belongings improperly that are specifically earmarked to other relatives in the will. What is the proper procedure for having him removed from the house? He refuses to return phone calls or speak to any of the local relatives (we live several states away and are depending on trusted local relatives to help us complete the process.) We are concerned that he will torch the house or do something else stupid. Thank you for any suggestions you can offer.
2 Answers from Attorneys
Re: Removal of uncooperative relative from house in probate
If your husband is either the executor of the estate or the trustee, he has an obligation to exercise his powers to protect the assets. Immediately probate the estate if there is a will and immediately serve the "tenant" with a thirty-day notice terminating his tenancy. Make sure you comply with any local rent ordinances.
This may not be something that you can handle through proxy. I suggest you seek legal counsel as soon as possible. Good luck!
Re: Removal of uncooperative relative from house in probate
Have you opened probate in California, or is there a probate elsewhere?
You may need to evict him, just like any other tenant, or possibly get an order from the local probate court.
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