Legal Question in Wills and Trusts in California

I am living in a decedent's house that is in probate (transferring over to his sister).. Does she have authority (or her lawyer) to give me 60 days to move prior to probate completing? And if so, does the 60 day have to be a certain form or can it be on a lawyer letterhead?

Asked on 5/29/19, 12:58 pm

1 Answer from Attorneys

Aaron Feldman Feldman Law Group

The right to occupy the house can be very complicated. Absent an agreement with the decedent, you may be occupying the property as a holdover and you may be subject to eviction. Are you paying rent? Did you ever pay rent? That could affect your legal rights and the notice requirements relative to any eviction. You should consult with a Landlord-Tenant attorney to discuss your situation in greater detail.

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Answered on 5/29/19, 1:37 pm

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