Legal Question in Wills and Trusts in California

unlawful detainer

i am sole aire to my fathers estate.the house is paid for and there are no creditors.i have a default money judgement against me.i new nothing about the judgement until i received notice from the probate court.the person that had the judgement was trying to get me removed as admin.i had fulfilled all my obligations as admin. mylawyer at the time objected to my removal but i was removed.the person who had the judgement againt me was appointed adim. dispite my objections.he has no ''claim''on my fathers estate other than a judgement creditor to me.i'm trying to some how get the judgement vacted.this is the thing,he has served me with a unlawful detainer so he can sell the house to pay for admin. fees.he has done nothing to receive compensation.the only thing was have me removed as admin.the lawyer he has i spoke with about two years ago,i told him every thing about the judgement issue & the probate matter.i confronted him about conflict of interest.he said there was'nt one,but he now has another person in his office doing the unlawful detainer.i've lived & still live in my fathers house.the only reason he wants me out is so he can ''take possision''so he can get some of the jgmt money.he has not notified the probate court of his action


Asked on 7/27/07, 5:38 am

1 Answer from Attorneys
Mitchell Roth MW Roth, Professional Law Corporation

Re: unlawful detainer

If you are sole heir to the estate, the house should be transfered to you regardless of who the adminsitrator is. That saie, if the estate has obligations and the house is the only asset, it is appropriate, but not necessary to sell the house. You should have a lawyer represent your interest as the heir and perhaps arrange a transfer of the house to you to close simultaneously with a mortgage loan on the house to pay the estate debts. You then will have the house subject to the mortgage. Otherwise the house may well have to be sold.

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Answered on 7/27/07, 4:04 pm


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