Legal Question in Wills and Trusts in California

my grandma passed away and i live at her house can anyone make me move?

Asked on 5/23/13, 7:42 pm

4 Answers from Attorneys

Michele Cusack Pollak & Cusack

Yes, unless she left the house to you.

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Answered on 5/23/13, 7:46 pm

Kelvin Green The Law Office of Kelvin Green

Yes, the rightful owner

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Answered on 5/23/13, 9:48 pm
Scott Jordan Dunning Law Firm

Yes. Did your grandmother leave a will or was the house placed into a trust? Did she have any surviving children?

Someone will likely have to file for probate to transfer the house and her estate in general to the rightful heirs. Whether you are an heir will require a full review to determine who is the rightful owner(s) of the house.

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Answered on 5/24/13, 8:13 am
William Christian Rodi Pollock

The answer depends on a number of facts you have not provided. If she left a will, the executor of the will should have control of the house and will make that decison. If there was a will, are you a beneficiary?

If she had a trust, the trustee is the party with the authority to make that decision

If there was no will or trust, it may be necessaary to review the laws of intestacy, which direct where property goes when there is no will. The answer to the question of who owns the house depends on the family tree and what other relatives there are now living.

Finally, the answer may also depend on whetehr there is amortgage on the house and whether it is being paid. If there is a mortgage, and it is not paid, the lender will likely be able to throw you out.

You need to contact a lawyer to help you with this.

This gratuitous response does not create an attorney client relationship. The advice provided herein is generic, may not apply to your circumstances and is not to be relied upon in your actions. An attorney client relationship is created only upon execution of an engagement letter hiring me or my firm.

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Answered on 5/24/13, 1:56 pm

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