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  1. #1
    ofie is offline Junior Member
    Join Date
    Nov 2002
    Location
    Northern California
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    6

    Unhappy probate eviction

    What is the name of your state? CA
    My sister and I were name co-executors, but her daughter has been living in our fathers house for over 1 year since our dad's death, and not willing to move out. My sister is not willing to tell her daughter anything about moving (she gets mad at me). This daugher has been living in the house rent free and she has destroyed the inside and outside of the house. The house we want to sell but we can't go inside to see how bad she has destroyed it, because from the outside it looks like a dump. Is my only option to get my sister off as executor? Can we get the daughter evicted within 30 days or will this process be long? Can we get a sherrif to go with us to evict her?
  2. #2
    I AM ALWAYS LIABLE is offline Senior Member
    Join Date
    Jan 2000
    Location
    Los Angeles, California
    Posts
    38,165

    Re: probate eviction

    Originally posted by ofie
    What is the name of your state? CA
    My sister and I were name co-executors, but her daughter has been living in our fathers house for over 1 year since our dad's death, and not willing to move out. My sister is not willing to tell her daughter anything about moving (she gets mad at me). This daugher has been living in the house rent free and she has destroyed the inside and outside of the house. The house we want to sell but we can't go inside to see how bad she has destroyed it, because from the outside it looks like a dump. Is my only option to get my sister off as executor? Can we get the daughter evicted within 30 days or will this process be long? Can we get a sherrif to go with us to evict her?

    My response:

    Were you confirmed as an Executor by the Probate Court? If not, you have no rights to the home - - yet.

    Right now, your sister has as much right to the home as you do and, as such, can allow her daughter to live there. But, your sister placed herself on the "legal hook" for allowing her daughter to "waste" your inheritance.

    So, when the court confirms your status, along with your sister, then you can sue your sister for "Partition" to have the property sold and proceeds divided. In your lawsuit against your sister, you can also sue her for the damages caused by her daughter; i.e., diminution of property value and damages.

    IAAL

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