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

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. 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. 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. I am licensed in California, only. Answers must not be relied upon. Legal advice and counsel must be based on the interplay between specific exact facts and the law. This forum does not allow for the discussion of that interplay. My answer to any specific question would likely be different if that interplay were explored during an attorney-client relationship. I provide legal advice and counsel during the course of an attorney-client relationship only. The exchange of information through this forum does not establish such a relationship. That relationship is established only by personal and direct consultation with me followed by the execution of a written attorney-client agreement signed by each of us. The communications on this website are not privileged or confidential and I assume no duty to anyone by my participation on Avvo or because I have answered or commented on a question. All legal proceedings involve deadlines and time limiting statutes. So that legal rights are not lost for failure to timely take appropriate action and because I do not provide legal advice or counsel in answer to any question, if you are an interested party you should promptly and personally consult with an attorney for advice and counsel. Also, see Avvo's terms and conditions of use, specifically item 9, incorporated by this reference


  3. 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

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