Legal Question in Real Estate Law in California

You need to have someone look at your grandmother's will. If it does not contain the correct language to cover what happens if one of her daughters dies before her, you may not actually own 1/3 of the house. Also, if she died without a will you do not own any of the house. The dead cannot inherit, so unless there is a will that says where the dead person's share goes if that person dies before the person making the will, the dead person's share is gone.

If there was a will, and it does provide for you and your siblings to get your mom's share, then your aunt has no right to kick you out. You are co-tenants with her and your other aunt, each with a right to occupy the property.

Has your grandmother's estate been probated? If not, that would be a good forum to raise these issues.

I would be happy to review the will and the deed to the house for a reasonable fee. Contact me directly.

Assuming that you are correct about ownership (Mr. McCormick's concern that you may not be is valid), and are co-owners (each grandchild may now have a 1/9 interest), the other owners can't just order you out. Each co-owner has the right to occupy and possess the entire property. In a way, you, your siblings, and your aunts are roommates! Further, you don't have to pay them any rent even though you are using the entire house; this is your right as part owners.

However, there is another aspect of the shared right of possession of the entire property. Whoever is in current possession doesn't even have to share possession (by giving keys, for example, to the co-owners) unless the out-of-possession co-owners go to court and get an order requiring shared possession.

Ultimately, you're probably going to have to work out some kind of deal with the other co-owners. An unhappy co-owner such as your aunt also has the right and the power to file a lawsuit for "partition" which will end the co-ownership by a forced sale to a stranger and division of the net proceeds of the sale among the former co-owners. Although partition sales are usually done through real estate brokers and agents and are not courthouse-steps auctions, it is a more-or-less involuntary process and there's no telling whether you'd get enough of the proceeds to make you happy and allow you to buy another house.

As people entitled to a share of the estate and house, a dispute like this could in worst case scenario result in legal action to partition or sell the house. All owners are entitled to share in the value, including rental income. If you've been living in the house without paying rent, that is an issue that they can raise. You should get an attorney to help you try to negotiate a resolution and agreement that all the parties can agree to. If this property is in SoCAl, and you're serious about doing so, feel free to contact me.