Legal Question in Wills and Trusts in California
Can co-owner evict vicious gaurdian of minor co-owner?
Our father died and left a living trust which stated his ex-wife should reside in the house he left his children until her youngest daughter turned 18 or ex-wife became married. Youngest daughter is co-owner of property along with the other children. However since she is a minor deceased ex-wife is her gaurdian. Ex-wife is angered that she isn't owner and therfore destroys property including plumbing system. Police have witnessed her hammering the door knob off a bathroom door; however Police advises that she can do anything as she is gaurdian of co-owner of property. Fire department has threatened to condemn house unless we bring it back up to code. I am a co-owner and am financially responsible for the house. Is there anything legally we can do to stop ex-wife from destroying the house and/or evict ex-wife. She currently stays in house rent free while deceased children (her stepkids) pay mortgage. House is still in deceased name. Some of my brothers/sisters want to sell their ownership; others want to keep theirs. What is the safest way for keepers to purchase sellers portion.
2 Answers from Attorneys
Re: Can co-owner evict vicious gaurdian of minor co-owner?
Not sure I understand all of the family relationships. Is the minor a daughter of the decedent or of the woman living in the house? I assume it's of the decedent. If that's the case, why is she guardian of the minor instead of natural mother? If natural mom is deceased, one of the older siblings can petition for guardianship (take that responsibility away from the witch). Moreover it's against California law to commit waste. If the witch is deliberately destroying the property of the minor who is her ward, no judge that I know would allow her to stay in the property or continue as guardian. Need to file a petition with the court as soon as possible to remove guardian and then file a lawsuit against witch to make her pay for damage to property deliberately caused by her. Even if the will says she can stay in the house until the youngest turns 18, her deliberate destruction of the property is grounds to have her kicked out.
Re: Can co-owner evict vicious gaurdian of minor co-owner?
If the woman has been and continues to destroy the property, try moving to evict her and get a judgment for the damages. "Waste" or destruction of the property is not allowed by a tenant.
A separate issue is whether she is fit to be guardian of the youngest daughter.
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