How can we evict them

[Reddogg]

Hello, I was wondering if anyone out there had any advice. Heres the situation me and my wife live in CA. She and her uncle recently inherited a home from her late grandmother who passed ten years ago. The reason she inherited the house at this point was at the time of her grandmothers death she was only 15. Her aunt became executor of the living trust and was supposed to turn over the house in March,2001. Her Uncle the co-owner is now living with that same aunt and refuses to speak to us I believe its all the aunts doing he is a sick and easily manipulated . We know that at this time some of the aunts children are living at the home rent free I believe. We served them with a eviction notice but I really believe they wont budge. I wanted to know how can my wife get half of what is rightfully hers.

 

[advisor10]

MAY 17, 2001

DEAR REDDOGG:

Does your wife have access to the trust document so that its language can be examined to determine exactly when she was supposed to receive it and who will be the owner of it?

You really do need the services of a local attorney (possibly one who has experience with trusts) to represent your wife. The aunt and uncle are much less likely to ignore a letter from an official attorney. The attorney can examine the trust to see exactly what your wife is entitled to, or can request more information from the aunt if it is needed.

The attorney can possibly also advise you on the procedures for eviction (or maybe you can get that information from the local police or sheriff's office), but first you must determine if the uncle is presently a co-owner of the home or not. If your wife wants to, she can force a sale of the home (if the uncle is presently a co-owner) and split the money from the sale with him (and he and the aunt will have to find someplace else to live), but your wife should also consider the possibility of asking the uncle to purchase your wife's share of the house (if they can afford to), since they probably still enjoy living there. In the interest of family harmony, if there is any way that a compromise can be reached that will allow the uncle and aunto to continue living in the home (if that is their desire), then you should try to accomodate them, but if you'd rather have the money from the sale of the home, then it is your decision that takes priority and you should stand up for your rights.

You also need to check the real estate title/deed to make sure that the correct owners of the home's names appear to be designated correctly and legally.

SINCERELY,

[email protected]