Legal Question in Real Estate Law in California

The mortgage company doesn't handle something like this. Basically, your grandfather may need a conservator, if he does not have a trust already in place. I suggest reposting your question in the Probate category, where attorneys who specialize in conservatorships will be able to assist you.

The reverse mortgage company has no rights to things such as who lives there. If your grandfather has a power of attorney or trust, with an agent (probably your mother), the person named under that document would have the power to evict.

I agree with everything Mr. Roach said, and would add the following:

It's probably worth while to do a quickie title search to get a better idea of the legal status of the house, as a first step. If you know of a title company that's done any work regarding this property in recent years, it could probably do the title report more cheaply. What you want to verify is who is currently shown as owner of record, and all liens recorded against the property.

Next, determine what steps your grandfather has taken, if any, toward the production of a will or placing the house in a living trust. Maybe you know already, maybe he is still lucid enough to tell you, or maybe there is some documentation, either that shows up on the title report or among his personal papers. Other possibilities for locating documents might be to contact any law firms he has used, or the professional staff at the assisted living facility.

(Note: Whether your grandfather still has sufficient mental capacity to do a will or trust should be evaluated professionally, perhaps by a doctor with some experience in legal matters affecting his patients, or by an elder law attorney who can discuss his condition with the staff at the care facility. You might be surprised to find out that the old man is still legally competent to execute a will.)

Then, determine what the result will be, if and when he passes away. Maybe the house will pass under a will; maybe under the terms of a trust; but fairly likely, under the statutory rules of intestate succession (Probate Code sections 6400 et seq. and 7000).

If there is no formal plan (will or trust) in place, very likely your mother an her brother will be co-heirs when your grandfather passes away.

As to who may live there while your grandfather is alive, I'd say whether your mother and you have any greater status in the house than her brother has would depend upon some kind of agreement with your grandfather, such as a lease or rental contract. If there were one originally, even if it expired long ago, you'd probably have the somewhat superior status of "holdover tenants" or the like; whereas the brother, assuming he has no agreement with the owner (your grandfather) is only a guest, and the holdover tenants can tell him to pack up and leave without an eviction process. By the way, what's your mother's view on this? Does she now regret her decision to invite her brother in? If you are planning to act alone, you may not get far.

Finally, while a conservatorship may be or become necessary, they are often expensive and complicated to set up and administer.