Legal Question in Real Estate Law in California

Re: grandparent died eviction of grasndson

First, the Probate Code, sections 9650 and 9654, give the exclusive right of possession of a deceased person's property to the executor(s) or administrator(s) of the estate for purposes of administration. This would also be the right of a successor trustee if the house had been in the grandfather's living trust.

The next problem is to classify the family member as to his right to be present and live in the grandfather's house. While the gransfather was living, he was probably a "tenant at will" because his presence in his grandfather's home was consensual, for an indefinite period of time and without rental obligation (see Jones v. Shay, 1875, 50 Cal.508). Upon the gransfather's death, the young man's tenancy is terminated (Joy v. McKay (1886) 70 Cal. 445) and he becomes a tenant at sufferance of the estate.

As such, he is not entitled to a 30-day pre-suit notice to quit before the administrator of the estate can bring an action in ejectment, nor is he entitled to a three-day notice before the filing of an unlawful detainer complaint (Ryland v. Appelbaum, 1924, 70 Cal.App. 268).

He is, however, entitled to proper service of a summons and complaint and an opportunity to answer and appear at trial prior to issuance of an eviction order. See Maequez-Luque v. Marquez (1987) 192 Cal.App.3d 1513 at page 1518.