Evict my dads girlfriend

[Jesussaveslost]

What is the name of your state? California

My dad died last month and now his live in girlfriend is trying to say that he wanted her to have his house. My dads financial advisor says his wishes were to have everything go to my sister and I. My dads IRA was already set up to go to my sister and I. This woman is also saying that she quit her job to take care of my dad which is also a provable lie. My attorney is saying that because she is making these claims that we cannot sell the house or evict her untill it is litigated. We have not even filed the probate yet. I want her to be evicted but if we cannot evict her then she needs to make the house payments if she intends to stay there and make a claim to the house. My attorney says that she does not have to pay anything and that she can just live there for free untill there is a judgment, and we cannot evict her. That does not sound right. HELP!!!

[rmet4nzkx]

Listen to your attorney.

[BelizeBreeze]

In who's name is the deed to the house?

[Jesussaveslost]

The house is in my dads name. he has had 2 other girlfriends living there before the one who is there now.

[BelizeBreeze]

Then go to the probate court tomorrow, file the probate and executor petition then once you are appointed executor, evict her butt.

Your dad's wishes, whether in your favor or her's, mean nothing legally. ONLY a will or, in the absense of such, the intestate succession statutes of your state, govern probate.

[seniorjudge]

My attorney is saying that because she is making these claims that we cannot sell the house or evict her untill it is litigated.

Fire this lawyer and hire one with some brains.

[alienlady1785]

Is the girlfriend sleeping with your lawyer? Do get another lawyer!