Legal Question in Wills and Trusts in California
Can we evict an heir?
My father in law passed away in April 2005. He did not have a will or trust. His home is fully paid for and is now in probate. My husband is the administrator of the estate. One of the brothers has been living in the home for the past 3 years. He only lived there because no one else would let him live for free. The problem is now he won't get out. We have been instructed to sell the property (it's been 6 months) but my brother in law won't allow access to the house to show it or to make improvements. Since my husband has been appointed by the court as the administrator, can we pursue a legal eviction? Where do we start? Any idea how long it would take? Lastly, the difficult brother in law has gone through the entire house and locked anything of value up in one of the bedrooms. He refuses to allow anyone access to that room. We know that a coin collection, jewelry, etc. is in there but he has every intention of keeping it. Any advice you could offer would be appreciated. Our attorney says he doesn't do evictions so we're not sure where to start without having to hire another attorney. Thank you, Beverly
3 Answers from Attorneys
Re: Can we evict an heir?
You need to evict him. If you do not know what you are doing, you should retain legal help.
I am in Pleasanton.
Re: Can we evict an heir?
If your attorney will not do an eviction, you need to retain another attorney who will or do it yourself. Unless he agrees to go, the only way to get him out is by an eviction.
Re: Can we evict an heir?
I suggest hiring another attorney to assist you with both the probate and eviction. Otherwise, you will have to hire another attorney to do the eviction or do it yourselves.
If you need assistance in one or both of the above, or if you just have additional questions, please do not hesitate to contact me.
Sincerely,
Kai H. Wessels, Esq.
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