Legal Question in Real Estate Law in California

It depends on whether the probate has been completed and title transferred out of the estate to the three owners, or if it is still in your grandma's name, or the name of a trust that your auntie is trustee of. A trustee of a trust, and an executor of an estate, can act without any input, much less consent, from the beneficiaries of the trust or the heirs of the estate. The beneficiaries or heirs can only object if the trustee or executor is committing waste or damage to the property, or taking money or property for themselves other than what is allowed in the trust document or will.

Once property is deeded out of the trust or estate to the intended recipients, however, all the owners must act to evict a tenant. Technically any one owner can evict, but then any one other owner has the legal right to immediately allow the resident to live there again. This is because of a weird feature of the law that says that each co-owner has all the legal rights of a solo owner. The real effect, though, is that they must all act together since any one can undo what any other one does.