California  |  Wills and Trusts

Legal Question

Asked on: 11/04/13, 12:59 pm

My dad died 4 years ago my mother 1 year ago there was no will. I am still living in my parents home which is paid for. My dad also had $100,000 in the bank. I have a brother and a half sister and all of a sudden sent me a letter saying I have to move out my parents home in 3 Weeks so they can sell it. Can they just kick me out? What if I dont want sell? My dad bought this house its been in our family for 30 years my sister isnt my fathers child and she is the one that convinced my brother to get my belongings of mine and my parents and vacate the property or else!!! Do I have right as an heir and as an tenant?

3 Answers


Answered on: 11/04/13, 1:11 pm by Scott Jordan

Do you know if anyone has filed probate for your mother's estate? It sounds as if your brother may have done so.

You do have rights and you must bring them up to the Probate Judge assigned to your case.

Given the questions you have presented, I strongly suggest you contact a local probate litigation attorney to discuss your rights and options. You must act quickly or you will lose your right to protect your home forever.


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Jordan Law Office 319 Diablo Road, Suite 202 Danville, CA 94526

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Answered on: 11/04/13, 1:15 pm by Victor Waid

Scott Jordan has given you good advice. DO NOT DELAY in obtaining a probate litigation lawyer.


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Law Office of Victor Waid 777 Campus Commons Rd., Suite 200 Sacramento, CA 95825

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Answered on: 11/04/13, 8:05 pm by Anthony Roach

Only people with title can sell property legally. They would have to open a probate action and have letters issued, and obtain permission from the court to sell property that belonged to the probate estate.


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Law Office of Anthony A. Roach 9909 Topanga Canyon, Ste.313 Chatsworth, CA 91311

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