Legal Question in Wills and Trusts in California

My father passed away my mother had a stoke I moved back into the family home as it is a homestesad. It is located in San Bernasdino County but Orange County served me with a 60 day notice to vacate or quit ib that even legal or can I get squatters rights so I cab have enough rime to battle them in county


Asked on 9/08/11, 11:02 am

3 Answers from Attorneys

George Shers Law Offices of Georges H. Shers

You do not give us enough facts to know what the legal situation is. Why did the county order yo to leave, what property rights does the County claim, was your father's interests in the property probated, etc. There is no such thing as squatters right; they have no rights as they are just permanent trespassers on the property. The house is automatically homesteaded by law and that also seems irrelevant to the situation.

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Answered on 9/08/11, 11:28 am
Kurt Seidler Law Offices of Kurt A. Seidler APC

If you mean title to the property was acquired by your folks "proving up" on a homestead under the old Federal Land Act but it is located in SB County I still don't know why Orange County is even involved, unless they have been appointed conservator of your mom's person and estate, in which case they are probably seeking to sell the real estate for the expense of her care. You would be better off contacting the deputy counsel on the case and seeing if you could pay rent to them.

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Answered on 9/08/11, 11:56 am
Anthony Roach Law Office of Anthony A. Roach

When people talk about "squatter's rights" they mean adverse possession. You cannot adversely possess property that a government entity has acquired. It is not clear from your post why Orange County has an interest in the property, so I suggest that you repost with more detail along this line, and give up any misconceptions about adverse possession.

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Answered on 9/08/11, 5:40 pm


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