Legal Question in Real Estate Law in California

My 2 sisters and I will inherit a 3 unit apartment house in Avalon, Ca.valued at $ 1,ooo.ooo.oo + (after probate.) I had been living in the main unit with my Mom at the time of her death. I still live there. One sister lives in the 2nd unit. The 3rd unit is occupied by tenants--their rent pays for the mortgage on the apartment house.The 3rd sister has been living on a sailboat in the harbor of same city for the past 14 years. Now Sailboat Sister wants us to evict tenants and occupy a unit.

My question is: Can we wait untill probate is completed to make any changes?


Asked on 2/23/12, 7:52 am

2 Answers from Attorneys

Anthony Roach Law Office of Anthony A. Roach

I'm surprised that someone who lives on Santa Catalina Island is seeking legal advice on Lawguru, rather than go directly to a competent probate attorney. I hope you are not all handling the probate as a do it yourself project.

I'm assuming that your mother had a will, or is in probate for intestate succession. My answer would be different if this involved a trust, and there is probate litigation over the trust.

The simple answer for a will or intestate proceeding is that your sister has no right to evict tenants until she is an owner, and then must do so lawfully. She does not become an owner until there is a probate distribution, at the end of the probate process. So she would have to wait until the end of probate process to make changes.

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Answered on 2/23/12, 8:24 am
Bryan Whipple Bryan R. R. Whipple, Attorney at Law

I agree with Mr. Roach, and strongly recommend that whomever is the executor or personal representative of the estate retain an attorney specializing in wills, trusts and estates (to use a typical combination of terms for such a lawyer). Handling a probate where the assets exceed a million dollars and the heirs evidently include three sisters with possibly different approaches to life and property is not a task for beginners.

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Answered on 2/23/12, 9:11 am


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