Legal Question in Wills and Trusts in California

If I am the oldest child and was living with my father who was very ill and was here because he asked me to be, which would be for 3 months now, and I helped him get to the doctors and made sure he took his meds and he would faint and I'd have to stay with him and watch over him. He died a week ago today and I guess my uncle says he's the executor of his estate and today tells me I have to be out of here on wednesday, 4 days from now. Can he do that?

Asked on 8/04/12, 11:18 pm

2 Answers from Attorneys

Jennifer Rouse Meissner Joseph & Palley
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Sorry for your loss.

Your uncle needs to be appointed by the court as the executor in order to evict you. If he does get appointed after filing a petition and serving everyone and then he has to go through the eviction, then he can apply the cost of the eviction against your share of the estate.

You should talk with an attorney about filing a creditor's claim in your father's probate estate for any costs that you paid for his care and possibly for your time in caring for him. Beware that the other beneficiaries can raise the issue of rent if you lived with your father rent free.

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8/05/12, 7:23 am
Kurt Seidler Law Offices of Kurt A. Seidler APC
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good advice-I would only add that you take photos of the place before you leave so as to document that you left it in good shape.

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8/05/12, 8:19 am

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