What is the law for probate, in Calif.? Uncle has 2 properties, one is a rental. He has sister in another state.

Asked almost 2 years ago - Thornton, CO

There are two properties. On the main residence, there are two people who are living in ajoining rooms attached to house. They do not pay rent, or utilities. My uncle, who is very ill in hospital, did not assign a beneficiary to the properties. At this time he is unable to communicate and may not survive. He does have a sister in another state, who is ill as well and unable to travel. How do I keep the property in our family? How long is the probate process and can I have these two people removed, legally?

Attorney answers (3)

  1. David M. Rich


    Contributor Level 15


    Lawyers agree

    Answered . You should re-post this question in the California law section, as you need a California lawyer to answer this.

    You can reach Dave Rich at (303) 886-2516 or dave@flatironlegal.com. Dave Rich is an attorney licensed in Colorado.... more
  2. Richard Waldron Bryans Jr.

    Contributor Level 16


    Lawyers agree

    Answered . I agree with Mr. Rich, this is not really a question for a Colorado attorney if the property is not in Colorado, unless of course that attorney is also licensed to practice law in the state of California.

  3. James P. Frederick

    Contributor Level 20


    Lawyers agree

    Answered . I agree that you should repost as a California question. I would simply add that, unless your uncle has a Power of Attorney in place, or the properties are in a trust, there is no legal way for you to take charge of this situation, unless you are appointed the guardian and/or conservator for your uncle. You should consult with a lawyer to determine how to proceed.

    James Frederick

    ***Please be sure to mark if you find the answer "helpful" or a "best" answer. Thank you! I hope this helps. ******... more

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