"squatters rights" (but a relative)

[Zal]

The situation isnt exactly a squatter. My friend's 86 yr old grandmother (Doris) just died Sun (in CA). The great-granddaughter (Crystal)has been living with her for 5 years. Im not sure if she has paid rent, but it was Doris's wish to let Crystal live there. Now tho, Doris's daughter (Diane) has come to pack everything up and sell the house immediately (which I doubt is possible, but I dont know any details)...and she has told Crystal to move OUT...she has 24 hrs to have her stuff and herself out of the house. Unfortunately Crystal (a 22 yr old) is 8.5 months pregnant (unwed...why Diane disowned her) and already dialating so is home from work on Drs. orders...so not in any shape to be packing and moving. She has NO where to move to.

So my question is: does Crystal have any rights to be able to remain in the house since she has lived there for 5 years (she left home at 17)? Can the relatives legally force her to move out so soon? (at least before selling it?)

Does anyone know about this sort of situation...can you give me advice ASAP or a link to someone else to ask?

Thanks for any response...send to
[email protected] ASAP!!

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Zal:
The situation isnt exactly a squatter. My friend's 86 yr old grandmother (Doris) just died Sun (in CA). The great-granddaughter (Crystal)has been living with her for 5 years. Im not sure if she has paid rent, but it was Doris's wish to let Crystal live there. Now tho, Doris's daughter (Diane) has come to pack everything up and sell the house immediately (which I doubt is possible, but I dont know any details)...and she has told Crystal to move OUT...she has 24 hrs to have her stuff and herself out of the house. Unfortunately Crystal (a 22 yr old) is 8.5 months pregnant (unwed...why Diane disowned her) and already dialating so is home from work on Drs. orders...so not in any shape to be packing and moving. She has NO where to move to.

So my question is: does Crystal have any rights to be able to remain in the house since she has lived there for 5 years (she left home at 17)? Can the relatives legally force her to move out so soon? (at least before selling it?)

Does anyone know about this sort of situation...can you give me advice ASAP or a link to someone else to ask?

Thanks for any response...send to
[email protected] ASAP!!<HR></BLOCKQUOTE>

This is an estate matter first and depending on who the current owner is, the owner would be the landlord. The owner could be relatives as dictated by way of joint tenancy or by will through probate court. Until such time as the new ownership is established, the estate, which would be under the control of the executor or estate adminstrator would manage the property. Until then the tenancy becomes an estate L/T matter. Only the individual legally appointed and in charge of the estate has the authority to keep the tenant or let her stay. 24 hours notice is not proper no matter what. Since Crystal has lived in the property for 5 years in concert with the wishes of our deceased Doris, she is not considered a squatter or hold-over tenant but at the very least a month-to-month tenant. If it can be proven that if Doris were still alive today, she would continue to let Crystal occupy the premises, Crystal should be allowed to stay at least until the legal owner properly serves her with a written notice to vacate pursuant to the State L/T laws.

 

[Zal]

oops...I should have mentioned that Doris...the deceased woman...owned the home outright. Apparently she had a Trust and her daughter (the wicked Diane) and son Mick are listed, as well as my friend and his two daughters, one being Crystal. Mick is the Executor of the trust....but has been coerced by Diane to get Crystal out. Apparently since yesterday they have given her till this wkend to have Everything of hers OUT...and they plan to change the locks to keep her out. It is a rotten family bicering mess.

Crystal does not need this added stress when her dilvery is imminent! At least Crystals mom is actually helping her. Before this, she too had turned her back on the girl for having gotten pregnant with no man/father in the picture. They are all being so petty and childish. I have offered my garage for Crystal to store her large-size belongings, but am somewhat apprehensive that she will try to take advantage of me - like leave me with a bunch of junk that she decides she doesnt want/need after all. I have been too kind to my friend and his daughters over the yrs...but I hate to see them suffer due to the heartlessness of his mother (his dad just takes a back seat and stays out of it all).
Thanks for any advice you can provide.

 

[HomeGuru]

<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by Zal:
oops...I should have mentioned that Doris...the deceased woman...owned the home outright. Apparently she had a Trust and her daughter (the wicked Diane) and son Mick are listed, as well as my friend and his two daughters, one being Crystal. Mick is the Executor of the trust....but has been coerced by Diane to get Crystal out. Apparently since yesterday they have given her till this wkend to have Everything of hers OUT...and they plan to change the locks to keep her out. It is a rotten family bicering mess.

Crystal does not need this added stress when her dilvery is imminent! At least Crystals mom is actually helping her. Before this, she too had turned her back on the girl for having gotten pregnant with no man/father in the picture. They are all being so petty and childish. I have offered my garage for Crystal to store her large-size belongings, but am somewhat apprehensive that she will try to take advantage of me - like leave me with a bunch of junk that she decides she doesnt want/need after all. I have been too kind to my friend and his daughters over the yrs...but I hate to see them suffer due to the heartlessness of his mother (his dad just takes a back seat and stays out of it all).
Thanks for any advice you can provide.<HR></BLOCKQUOTE>

Now the additional details have slightly clouded the issue. Did Doris own the home herself or was it in trust? If no trust then it is subject to probate. If the legal title to the property was a trust, then most likely no probate for the property and the trustees are allowed to manage the property. In any case, Crystal is protected under the State L/T code as a legal tenant, and the eviction notice that you described is illegal. Please let Mick know that Crystal could sue the trust, all trustees, all beneficiaries, Mick as executor and Mick indivdually for an illegal eviction. And sue Big Time, for Big damages on behalf of herself and her unborn child. Her claims could be bigger than a small claims action. She could sue, win, be awarded a judgement, place a judgement lien on the property, foreclose on the lien and force the sale of the property to recover monies owed on the judgement. In the end the wicked family members lose the home and cries their eyes out on the courthouse steps.

Fools should seek the truth and the law.