Legal Question in Wills and Trusts in California
being evicted may i relocate to house going through probate
my grandfather recently passed away. in his will, he stated that everything be split equally by my brother and myself. a woman he dated for about a year and a half prior to his death is now contesting the will. previous to all of this, in 2002, my grandmother passed away. her assets were split equally between my brother, our mother (her daughter) and myself. that included her half of their house. as of now, i am be evicted from my current residence, they gave my mother and myself a 5 day notice to quit. i believe it is due to the fact that they were misinformed of my mother inheiriting our mobile home from her father, which is not true, she did not inheirit anything from him, she was not in his will period. we were given 4 options in the 5 day notice 1- to sell the mobilehome, 2- replace exisiting mobilehome with a new one, 3- sell the mobilehome to a third party and 4- apply for tenancy ourselves. our application for tenancy was turned down. my question is : that if myself owning 1/6 of my grandparents house, and my mother another 1/6, do we have the right to take residency at the home while the other half of the estate is going through probate and the contesting of the will?
1 Answer from Attorneys
Re: being evicted may i relocate to house going through probate
Your continued tenancy is a matter for the adminstrator/executor to decide. If this is the person evicting you, my guess is that he or she is not interested in allowing you to stay. If the will is being challenged, you may want to retain counsel to defend your interest. Let us know if we can be of assistance.
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