Legal Question in Real Estate Law in California

hi my name is cori.

i had been residing and working as a ranch hand for raymond parker from august of2011. I had left for a couple of months but returned due to rays medical condition. ray passed away in january. the property had been left unattended and was being destroyed.. ray and i were the best of friends as we worked as cowboys we became really close. i made a promise to ray that when he passed on i would keep the hay sales buisness afloat. my question is can his step sons have any athority in the process of evicting me if the property is being foreclosed. I am desperate to save the house and due to the fact that they want me out of here i have had a hard time .. they even came out to the house and turned off my electricity also acting very hostile toward me . I dont even know these two men and have asked what it would take for me to take over payments and told them i would do whatever it took to continue living my dream and their response was "why would you want to live in a dump like this?" I truely love this place and will do whatever it takes. What can i do in order to stay here forever? I have planted trees, fixed numerous things that were torn up by people and simple wear and tear, septic, cracks, holes ect.. i have done everything by myself and by hand therefore it has been takeing a little time but thats all we have right


Asked on 6/05/12, 6:05 pm

1 Answer from Attorneys
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

You need to find out who inherited the ranch. Property can pass upon the owner's death in at least three ways: (1) under the terms of a will; (2) in a trust set up during lifetime but with passing the property in mind; or (3) according to the laws of "intestate succession," which is a part of the Probate Code that says who inherits when there is no will.

The only way you are likely to have any future rights to remain on the ranch would be if Mr. Parker named you in a will or trust. More likely than not, he didn't.

The stepsons are probably legally entitled to the property and the related business, since they probably are the heirs. You might want to ask a local lawyer who does work on wills, trusts and estates to do some checking for you. For example, if Ray had a will, the heirs may have filed it in the probate department of the county court.

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Answered on 6/05/12, 6:31 pm


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