Legal Question in Wills and Trusts in California

Rights of others to personal property when someone dies without a will

If a person dies intestate, and they have allowed someone to reside at their home temporarily before this, what rights does the occupant at the home as well as the immediate family of the deceased have to either maintain or terminate residency, respectively, including whatever provisions might be made to ensure the safekeeping of personal belongings of the deceased that are in or on the property while these matters are being sorted out?


Asked on 12/26/02, 5:25 am

1 Answer from Attorneys
Chris Johnson Christopher B. Johnson, Attorney at Law

Re: Rights of others to personal property when someone dies without a will

This is a difficult question. It's best if the person moves out on his/her own if there's no rental agreement in place. If not, the estate may have to file an unlawful detainer action against the occupant if he/she refuses to vacate.

As for the personal property, the estate's executor/administrator is charged with safekeeping of the items, and should be making arrangements to take care of them. I'm not sure what kind of duty the occupant has to safeguard the items, but at the very least probably to keep them from "waste," e.g., making sure they're not exposed to the elements, that doors are not left unlocked, and that they're not given to persons other than the court-appointed executor/administrator.

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Answered on 12/27/02, 5:26 pm


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