Legal Question in Wills and Trusts in California
decedents real property /surviving roommates
My brither recently passed away, he owned his house solely (no joint tenancy) he was never married and had no children. our father is the next of kin, is rent from the tenants payable to my father? and if they dont pay can he evict them? Does he have to wait for the Petition for Probate to be filed? My brother died Intestate. The tenants have changed the lock on the door without telling my father, so when i went to take inventory of my brothers belongings, at my fathers request, i was unable to enter the residance.
1 Answer from Attorneys
Re: decedents real property /surviving roommates
Your father needs to file the Petition for letters of Administration...then he needs to be appointed as a Temporary Administrator to take control of the property. There are also Landlord Tenant issues which must be dealt with and only the court appointed administrator can proceed with the eviction. Until then, the fox is ruling the hen house. Your father needs legal counsel ASAP
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