Legal Question in Real Estate Law in California

Re: Being Forced to Move Modular Home

Possibly. First, however, you have to understand that no one can rely upon a will. Wills aren't binding on their makers, and can be changed at any time prior to death.

However, the promises the mother-in-law made, including the use of a will or of testamentary promises but also all the other inducements and comfort and come-ons might be enough to support a claim for what is called an "easement by estoppel" that would allow you to stay.

No promises or assurances, of course, but if the facts bear you out in court and ma-in-law doesn't have a better story, you just might win.

You're going to find a lot of lawyers, even real estate specialists, who may not have heard of an easement by estoppel, or if they have, they can't tell you what facts must be shown to support a claim for one, so interview carefully.

Re: Being Forced to Move Modular Home

Sorry to say that initially that unless you can prove a contract, even an oral contract, you have no contractual rights to any part or portion of the property, its increase in value or anything such as that. At the same time there was an expectancy which, hopefully you made known and others heard you which your mother-in-law went along with. She also handed your husband a will which is a significant thing to do. You would very possibly have certain equitable claims. Without getting too esoteric the law is composed of legal as well as equitable claims. All claims come out of the same fax situations. Some applied to some facts and others apply to other facts. What you must do is actually go out and get yourself an attorney who is specialized in real estate/litigation law. You may want to kind of " horn in " to the current transaction but that will be part of the advice that the current attorney should be giving you after Harry substantially more facts than those that you have given us through this question. Yes you have rights and you must do something about them or protect them immediately. There will be some that will tell you your rights will only start when it your mother-in-law passes away because they will only start when she does pass away. I disagree with that. I have practiced law in the San Francisco Bay area for over 30 years and feel quite confident in terms of my familiarity with your problem. If you wish to contact me to set up an appointment please call me at 925-945 -- 6000.