Legal Question in Real Estate Law in California

Re: Inheritance

Santa Monica's a terrific place in which to own a house! Contact your friend and find out if her husband left you the house in the will. Your friend will have to commence eviction proceedings -- by serving the tenants with a 30-day notice and, if they don't move by then, an unlawful detainer lawsuit. Your message is fairly vague so the inheritance suggestions are very general, as well.

Re: Inheritance

Answer to question #1 is that a person who has a right to possession of real property that is in the possession of persons who don't have a right of possession must use a lawful eviction process. Assuming the occupants are tenants, eviction is a two-step process (at least) starting with giving notice which, if not heeded, is followed by an unlawful detainer lawsuit.

However, the heir doesn't have a right of possession against a tenant with a valid lease! In tht case, the new owner will have to be resigned to being a landlord until the lease expires. Then an eviction (if necessary) would be appropriate. There's yet another possibility. If the occupants were guests, lodgers or trespassers, they fall into other precedural categories than tenants. So I suppose the first step is to learn the status of the occupants.

As to the second question, if the house was left by will, I'd contact the clerk of the probate department of the local Superior Court and look at the probate file. If you know the street address or parcel number, you could also check at the Recorder's office. If the property passed to you via a living trust, you need to get a copy of the trust somehow - start with the widow.

I recommend retaining a lawyer to handle both #1 and #2. May have to be two different lawyers as there are two different possible owners here and a potential for conflicts of interest.

Re: Inheritance

You seriously need to talk to an attorney. Why do you feel that you were left a house? Call me directly at 16192223504.