Legal Question in Wills and Trusts in California

renter for house in probate

I am living in my Mothers house since july and she passed nov 7th. i have been paying the morgage since and now my brother wants to let my sister and her family in the house. my other brother wants nothing to do with the issue. I told them that I was here and I feel I should stay till probate closes. is there a law that yes i could stay until probate closes. can he really push me and my boyfriend and daughter out to let my sister and son and boyfriend in


Asked on 5/01/08, 5:07 pm

3 Answers from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: renter for house in probate

I assume there is a probate? If so, the issue should be resolved in the probate proceeding. If the house is still owned by the estate, you are still in possession, and moving you out will require a proper eviction. Hire an attorney to represent you in the probate.

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Answered on 5/02/08, 10:58 am
Frankie Woo Fiducia Legal

Re: renter for house in probate

The executor has power to decide who gets to live in the house.

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Answered on 5/01/08, 5:39 pm
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: renter for house in probate

Is there a will? Who is named in the will as the executor? If you are the executor, or there is no will, retain a lawyer immediately to open a probate. Keep good records of all amounts you spend on mortgage and other expenses related to the house.

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Answered on 5/01/08, 6:01 pm


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