Legal Question in Real Estate Law in California

Re: Ex Daughter In -Law trying to move in vacant property

Whether your son's wife has any claim to the mobile home depends upon how title to the home was held, and perhaps whether your son left a will. Since California is a community property state, it is possible that your son's widow may have a claim to the mobile home. However, even if she does, unless someone makes the payments on the loan, and the space rent, the lender will be able to foreclose or repossess the home.

Re: Ex Daughter In -Law trying to move in vacant property

Your question raises a lot of issues, and I think you have a real mess on your hands. The very first issue is whether and how your son's estate was handled. There are comprehensive laws governing how the property of someone who dies is to be cared for and parceled out to the heirs, whether or not there was a will. Related issues are how title to the mobile home was taken, whose names appear on the deed or title, and the source of the money used for the down-payment.

You should consider retaining a lawyer who practices real estate law, and has some probate or family law experience as well, in the county where the mobile home is located. Be up-front about your financial circumstances and ability to pay legal fees, and ask about reduced-cost or pro bono services. It is impossible to say how much potential property value you stand to lose by letting this lady walk over you, but it could be enough to warrant hiring an attorney to investigate the estate, the home purchase, the unlawful occupancy, etc. and extract you out of this mess with your values more or less intact.