Legal Question in Wills and Trusts in California

You should consider fiing a probate petition immediately (if it is necessary). If you are appointed administrator, you will have the power to manage your father's affairs including possible eviction of the girlfriend. If we can be of assistance, please contact our office and we can review the matter further.

I am very sorry to hear of your father's passing and now this nightmare that his girlfriend s putting you through. I'll try to assess your situation based on the information you provided.

I certainly concur with co-counsel that you need to start a Probate ASAP. I can only assume that the home was owned by your father (now his estate) and, therefore, his estate value is over $100,000 and under the Probate Code requires a Probate to settle his affairs.

His girlfriend can not keep you out of the house, especially since your driver's license address is the home and (again, I assume) you receive mail there. You can contact the police and they will force her to let you back into the home.

As your father's only heir at law, you should be entitled to everything, but without additional facts, I can not tell you this with certainty. However, I do agree that absent a writing stating otherwise, his girlfriend is not entitled to anything.

I suggest you retain an attorney that specializes in Probate (one such as, but not necessarily, our firm) and start the Probate action immediately. You can then serve his girlfriend with a notice that terminates her rental (in absence of a writing she is only a month to month tenant under the law).

If you would like to discuss this matter further in a more private forum, please feel free to contact me directly at the email address provided by LawGuru or through our firm?s website located at PasadenaEstatePlanning.com

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