Legal Question in Wills and Trusts in California
My sister signed over her interest now wants it back
My sister and her husband after my father died moved into his house staying there rent free......Refusing to sign a rental agreement........Or anything saying they stayed there.....mistreating the property and not keeping up the landscape.......Her husband refused to look for work and wanted to live out the whole duration of his unemployment.........She didn't work ..I was paying the mortgage for months until i could not pay anymore.........I wanted to start probate on the house but she refused to sign any paper work to help out .......She wanted nothing to do with the house though i explained it to her over and over how she could do well from owning a home.
I finaly hired an attorney and he got her to sign her interest over....I made a forbarance agreement with the loan company to stop it from going to foreclosure....I was paying half the rent and finally they got jobs and paid only 500 a month......On a 1500 mortgage...Three months later now she want her control back....And i just got approved a loan to cure the defaulted part of the owed mortgage She wants to sign no rental agreement and wants to pay no more rent...What do i do ? i was made administrator by the judge with full powers
4 Answers from Attorneys
Re: My sister signed over her interest now wants it back
Why don't you follow your attorney's advise?
Re: My sister signed over her interest now wants it back
Thank you for your inquiry.
What do you do? You refuse to grant control back to her. She signed an agreement, and you are the one holding the interest now, not her. You need to do whatever is in the best interests of the estate as a whole, and I doubt that includes giving her back power over the property.
I hope this helps, but if you have other questions, or want legal assistance, please feel free to email me directly at [email protected]. I am happy to help in any way that I can.
Re: My sister signed over her interest now wants it back
As the administrator you have a duty to rent the house for fair market value, and thus have a duty (and the power) to evict tenants for nonpayment of rent. The facts here regarding an agreed-upon rent are ambiguous, so talk with an unlawful detainer attorney regarding the best course of action--you probably need to serve a notice ending the tenancy, then evict if they haven't moved out.
Re: My sister signed over her interest now wants it back
You are too nice. Evict them.
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