Legal Question in Real Estate Law in California

real estate, squatter, contract

I have some questions, we are purchasing a house from my grandfather. Right now my uncle is living in the house, he is basically a squatter, he pays no bills, nothing in his name, the only thing is that he gets mail there. My grandfather gave him 30 days to get out. Now one of my questions is how do we get him out if he doesn't leave? I can foresee that we might have that problem and he has junk all over the property. Can we just throw the junk off? Now for my other questions, the home that we are talking about, he is giving us a interest free loan, he is going to hold the note. And he said after he passes, that the note can not be forced to have a pay off that the funds will be continued to be paid to the secretary and put into a fund for my dad and uncles. Ok, I want this to be as legal as possible, how would I do this? Could I just wirte a contract stipulating all of this and have it noterized? Right now the house is in a trust with the living will, do we need to ammend the living will? And since it is in a trust do I put the house in my name? I really need help in this because we need it very legal cause I have some unsavory uncles, who would love to to take the house later.


Asked on 3/08/09, 2:20 pm

2 Answers from Attorneys
Terry A. Nelson Nelson & Lawless

Re: real estate, squatter, contract

When you get serious about doing this without risk of being sued, you'll hire an attorney to do an eviction if necessary. You'd better hire one now to handle the legal documents, unless you're experienced in doing so. If this is in SoCal, feel free to contact me if serious about doing so.

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Answered on 3/08/09, 6:19 pm
Daniel Bakondi The Law Office of Daniel Bakondi

Re: real estate, squatter, contract

Send me an email and let me know who has been paying taxes on the property.

Best,

Daniel Bakondi, Esq.

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Answered on 3/08/09, 9:56 pm


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