Legal Question in Wills and Trusts in California

You had better talk to an attorney. I see a lot of legal issues in your post.

The eviction should be handled through an unlawful detainer proceeding. This typically starts with the service of a three-day or thirty-day notice, but it all depends on the reason for the eviction and the terms of the lease.

The bigger question is who currently as title to the house. The person who has title is the person who must start the eviction proceeding. If title to the house is still in your grandmother's name, then figuring out who should start the eviction proceeding could be difficult. It may be that you also need to take steps to clarify the title, such as a probate proceeding.

In any event, you should talk to a lawyer and discuss this matter in detail as soon as possible, so as to protect your grandmother's house.

I agree with my colleagues. Someone should speak to an attorney to discuss ownership and how to transfer title.

I have a few questions before I can start to provide an answer. If your grandmother died leaving a house in her name was her estate ever submitted to the Probate Court for administration and distribution in Orange County? Did your Grandmother leave a will or trust document? If no court administration took place the house is probably still in grandmother's name and you have no standing to do anything. If no probate was started you need to retain an attorney to file for probate so that someone can take charge of your grandmothers house and assets. You also need to consider who has standing to do this. Grandmother's living children are first in line to petition the court (I assume grandmother's husband is dead). If there are no living children or they do not want to take charge then grandchildren are next in line to take charge. There are too many unanswered questions to give you a definate answer to your questions. I practice law in the Probate Courts in Orange County California and will speak with you at no charge for an initial consultation. Call me at 714-619-9376.