Legal Question in Real Estate Law in California
My older sister died in 2005 of brest cancer. She left behind her husband, a daughter, two sons and a beautiful home. Her husband had a quadrupel heart bypass surgery and other heart disfunctions, cancer on his toung. Living in in her home at the time of death were two sons.Older son was devorced and in jail but his seventeen year old daughter lived there. Young son resently married and lived there with his wife. Days after, the younger son and his wife physicly through my sisters granddaughter that was 17 years old and all her belongings out on the street. My broyher-in-law could not and did not stop the forced eviction.There were no leagel court papers involved. They manipulated my brother-in-law into believing whatever they told him. The younger sons wife resently got a job where she has to drive 60 miles each way. 120 miles per day. They desided to move to her job location and he is trasfering to a Hom Deopt Hardware Store there. In the last 5 years they have distroyed my sister and brother-in-law's home. Never kept up the yard, or the house. Broken windows no paining holes in walls, etc.. They leased a home where they are moving to that will start November,1. My brother-in-law called and asked his son and granddaughter , his oldest daughter and her daughter to move back home with him. They all agreed to move back with him. They have all feared for their father's and grandfather's life and safety.
My neices and nephew asked me if they can legally through there brother and his wife out before November first with a Notice To Quit before an Unlawful Detainer Complaint.
1 Answer from Attorneys
The first issue that needs to be solved here is, "Who owns the house, and who is entitled to have physical possesion? (it's usually, but not always, the same). The next question is where is the husband with the heart problems, and how does he fit in? Is he still living?
When a wife dies, the question of who now owns "her" house depends on two things. How was title held when both the wife and the husband were alive is the first factor. Then, there may be a question as to whether she died with a will or trust, or, on the other hand, she had neither a will or trust and thus died "intestate," in which case her property would pass according to law, not her personal wishes.
Has there been a probate of her estate? Do you know who was on title - and if both of them, did they hold title as community property, joint tenants, or what?
Until these questions (and possibly others) can be answered, it's impossible to tell who is entitled to be in possession of this house. Very possibly, the husband with the heart problems is the sole owner and gets to call the shots, kick freeloading family-member "guests" out, etc, but it is also rather possible that the other family members may be co-owners and thus have a shared right of possession with all other co-owners.
I'm afraid you will need to seek at least a little in-person legal help to have this analyzed, especially if you do not know the answers to questions like how title was held, whether she had a will or trust and what they said, ans whether her estate has gone through probate.
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