Legal Question in Real Estate Law in California

Re: Probate Eviction of family member

see answer to your other posting

Re: Probate Eviction of family member

I think it may hang on a factual question as to whether you were a tenant or guest. Tenants pay rent and have significant rights, among others those mentioned in 1946.1. Guests don't pay rent and become trespassers when their welcome runs out, which is a matter at the whim of the owner.

I haven't thoroughly researched disability as a factor in unlawful detainer defense in recent years. Last time I did, its only effect was on whether a landlord could declare a forfeiture of a lease for failure to pay rent - and based on that, I'm doubtful that disability is a useful defense here.

Since you mention a buyer, I assume the family member situation suggested by your question's caption has deteriorated into a stranger-vs.-stranger situation through a sale of the property by a family member who inherited it to a non-family outsider. Your possible defense to a likely unlawful detainer suit would probably have to be that you were a tenant based on an agreement to do chores (instead of pay cash rent), and that you are entitled to 60 days' notice....but it's not a sure thing.