Legal Question in Wills and Trusts in California

tenant rights as heir

my mom passed away on Jan 5, 2005. I (47 years old) had lived with her for the past 8 years. My brother (55 yeras old) has lived with her the past 2 years. The house is a modular home in a mobile home park for people 55 years and older. I just secured a new place to live by feb 15th.. My oldest sister is the executor. The will states that the estate will be split by 5 kids. We received in the mail box today (dated feb 1) that I and my brother must vacate the property within 5 day! The property corporation of the park wrote the threatening letter stating we have no right to tenancy as heirs. What are our rights and can they vacat us in 5 days?


Asked on 2/03/08, 12:37 am

2 Answers from Attorneys
Phillip Lemmons, Esq. Phillip Lemmons APC, Attorneys at Law

Re: tenant rights as heir

I tend to agree with Mr. Roth. Can't see how they can go to court ex parte and circumvent the required notice period. My might want to let the landlord know that you'll be out by the middle of February.

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Answered on 2/04/08, 8:54 pm
Mitchell Roth MW Roth, Professional Law Corporation

Re: tenant rights as heir

If they have the right to evict, they can not force you to move without first going to court and getting a court order than the will be enforced by the Sheriff's office. This takes 6 weeks to 2 months, or even sometimes more.

YOu don't have the right to live there as an heir. If the lease is with your mother, your 55 year old brother could presumeably arrange to lease the pad in his name.

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Answered on 2/03/08, 7:03 pm


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