Legal Question in Wills and Trusts in California
My Mother passed away 3 yrs ago. Her will leaves the house to myself and brother. (Share and share alike.) My brother was living in the house when she passed away and has stayed there against my wishes. (My aunt is the excutor and will nominatee me to handle the estate) My brother is mad about that but he went behind my back and tried several ways to get around me and my aunt. He planned on filing probate without my knowledge. His bond was denied. The attorney he spoke with only knew what he was told and that me and my aunt declined to act. (Not true..we didn't know he was doing this.) Once he found out he couldn't do anything without us...he let me handle it. Plus he's mad because I want to use a attorney...and he doesn't. He said we can save alot of money doing it ourselves...I don't care...I want it done right. He wants us to handle it with help of his paralegal friend. (No way) But it has been 3 yrs and I just went over to the house which he has stayed in for FREE this entire time. But I've talked to some attorneys and they said he will HAVE to pay rent which goes back into the estate. I was happy to hear that since myself and husband struggle to pay our mortage while my mothers house is paid off. To make matters worse he moved his girlfriend/wife? in the house without telling me. I am SO PISSED off. The girlfriend/wife is renting out two of her properties making money off of those...while they both live high off the hog in my Mothers estate. I haven't settled on an attorney yet but I was told he will have 30 days to GET OUT once we get probate started. Is that true? My brother said he doesn't have to leave until the house is sold....and that he plans to buy me out anyway. (How can they show my mothers house when it looks like a hoarder lives in it with all his girlfriend/wifes stuff piled in there? Will a marshal go out and make him and her get out in 30, 60, or 90 days? And is there anything I can do about him NOT informing me of this girl moving in my mothers estate! Who knows what's missing out of my Moms house now...I'm beyond mad. He also said he can just STAY in the house and buy me out. (When I found that letter he had from a probate attorney that informed my brother that the bond company denied him the bond how can he buy me out.) Obviously his credit is horrible! Won't he still have to get out no matter what? What recourse do I have once my aunt nominates me as the executor? Do I have any recourse for my mothers missing furniture and anything else I find missing? He even had the nerve to tell me him and his girlfriend/wife were thinking of renting out my mothers estate. (Hello...I'm not dead yet...the estate is to be split between him and I.) How does he think him and his wife can rent out the house? Sorry for all the questions...I'm just in shock at what he's done over there. (My mother paid off her house and owned it...so he lives there scott free...other then what I will charge him in rent for the last 3 yrs!) One last thing...he has put in new flooring in the kitchen...new kitchen windows...painted rooms...put a new shower in one bathroom--again...without telling me or asking me if it was ok? When I choose a probate attorney...and IF he does really have to get out like I've been told...does he get his money back for the work he's put into the house? He will PAD the bill and say it cost alot more then it did. He should LOSE out on that money in my opinion. He shouldn't even be living there...its NOT his house. I'd like his girlfriend/wife out of there too..she has no rights to my mothers estate. My mother had me promise I would never let her in the house...she is rolling over in her grave. Thanks for any advice/help you can give me. (I will be getting a probate attorney ASAP. He has got to go IF I can really get him out of there? He says he can stay there till probate is finished. One attorney said he cannot. I dont' know what to believe? Help pls.
2 Answers from Attorneys
He gets a 30-day notice to vacate, plus whatever amount of time it takes to evict him using an unlawful detainer lawsuit.
You have left your mother's estate unprobated for three years? Get an attorney NOW. You have nothing to be pissed about when you have done nothing that would allow you to take charge of the house and the rest of your mother's estate and get him out or charge him rent. He is just thumbing his nose at you because you could have complete control of the situation, but instead you are doing nothing and he gets to sit back and laugh until you do.
Related Questions & Answers
Looking for something else?
10,200 active attorneys ready to answer your legal questions today.
Featured Attorneys
Earn additional revenue and grow your business.
