Can executor and other siblings remove me from our deceased mothers home against my will during or after probate proceedings.

Asked about 1 year ago - Paramount, CA

There are four of us whose names our on the home. I have lived there for almost three years and have paid the property tax on the property and all maintenance and utilities.

Attorney answers (3)

  1. Christine James

    Pro

    Contributor Level 19

    2

    Lawyers agree

    Answered . The executor can remove you by filing an unlawful detainer action. If that is necessary you can be charged with the costs of the eviction out of your share of the estate. The executor has the duty to treat all beneficiaries impartially and this will likely mean selling the home and distributing the proceeds.

  2. Robert Bruce Laing

    Contributor Level 7

    1

    Lawyer agrees

    Answered . I agree that you need to consult with an attorney. If you and your three co-owners hold title as Tenants-in-Common, and you are the tenant in possession,you may have some some negotiation leverage because you may be eviction proof, and it may be necessary for the executor to file a partition action. This is not an area for self-help. I repeat, consult with an attorney as soon as possible. If the property cannot be divided in kind, and if you cannot buy out the interests of your co-owners, the house will be sold, and you may be liable for attorney fees and costs of suit. Good Luck

  3. Michael Raymond Daymude

    Contributor Level 20

    Answered . This is the third or fourth question you have asked. This forum is ill suited to piecemeal advice and particularly advice in regard to a probate matter when the advice must be fact specific. You do yourself a disservice by asking questions here because action, not answers to your questions, is what is required.

    What do you mean by "there are four of us whose names our on our home"? Respectfully, if that truly is the case, the probate court would have nothing to do with your home (unless one of those persons is your deceased mother) and certainly nothing to do with the interests of the non-deceased persons.

    Your question shows a lack of understanding regarding probate and title to real property. Your use in other questions of “co-tenant” with respect to a bank account evidences a similar ignorance.

    Do yourself a favor and consult and retain probate counsel. Respectfully, this is not something you can handle on your own. Good luck.

    SINCE 1974. My answers are for general information only. They are not legal advice. Answers assume California law.... more

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