How does this work?

[Eekamouse]

What is the name of your state?California
My ex-MIL died recently without a will. She is survived by one son who lived with her, that son's daughter who also lived with her, and another granddaughter (who lives in another state) by her other son (my former husband) who passed away a couple of years ago. She also had a brother who has taken on the role of executor of her estate.
She owned the house that her son and granddaughter currently reside in. She also was half owner with her brother on the home they grew up in that is being used as a rental property and has been for years.
The brother hired a lawyer to handle the estate and the lawyer sent a letter telling my ex-BIL and my niece that they have 30 days to move out of the home. This after they paid rent in an amount far exceeding what the actual mortgage is to the uncle.
In California, shouldn't they have been given a 60 day notice to vacate? I'm extremely confused. They have lived in this house most of their lives so it's not like they are short term tenants. Is it different when it's a probate situation as apposed to a regular renter situation?

 

[Dandy Don]

Yes. They think that your ex-BIL and niece don't know about their rights as tenants.

The fact that they have not been properly noticed could work out to benefit them if they need more time to make arrangements.

If I were them I would doing some basic research online regarding landlord/tenant rights in California and then consult with a landlord/tenant attorney in the local area for advice or ask around to see if there are local agencies or organizations that could assist.

 

[justalayman]

Has her brother filed to open probate and actually been appointed personal representative? Did her son agree to it?

 

[justalayman]

The laws regarding lodgers varies greatly from regular landlord tenant law. I am not certain lodge laws apply here but if they do, notice required is a period equal to that between rental payment periods. If one argues they pay monthly, then 30 days would be adequate.

 

[Eekamouse]

My ex-MIL had mobility problems and her son and granddaughter took care of her during the last several years of her life. They pretty much always lived with her though. My ex-BIL was a wreck when his mother died (they were very close) and didn't have the first clue what to do regarding her estate so her brother took the reigns.

 

[HRZ]

If they lived with Mom in that house they may well be lodgers

 

[HRZ]

Her children (or thier children ) inherit all that was hers...after expenses and any taxes...makes dubious sense to move if one has ability to buyout the other owners

 

[justalayman]

so does that mean the brother has been duly appointed as personal representative?

My best guess is if the house isnto become the son’s he can argue he should be allowed a continuation of the tenancy given he is the recipient of the home. In short, this is likely to be too complex to give you much solid direction. He should seek legal counsel who can actually review all of the pertinent details and render an opinion.

 

[LdiJ]

What is the name of your state?California
My ex-MIL died recently without a will. She is survived by one son who lived with her, that son's daughter who also lived with her, and another granddaughter (who lives in another state) by her other son (my former husband) who passed away a couple of years ago. She also had a brother who has taken on the role of executor of her estate.
She owned the house that her son and granddaughter currently reside in. She also was half owner with her brother on the home they grew up in that is being used as a rental property and has been for years.
The brother hired a lawyer to handle the estate and the lawyer sent a letter telling my ex-BIL and my niece that they have 30 days to move out of the home. This after they paid rent in an amount far exceeding what the actual mortgage is to the uncle.
In California, shouldn't they have been given a 60 day notice to vacate? I'm extremely confused. They have lived in this house most of their lives so it's not like they are short term tenants. Is it different when it's a probate situation as apposed to a regular renter situation?

In an intestate situation the heirs to the estate would be the son, and the granddaughter who is the child of the other deceased son.

With that limited number of heirs, there really is no logic in the brother trying to force them out of the house and therefore force the sale of the house unless that is the only way that he can get paid as the executor and/or the only way that the estate can be fairly divided. Him being part owner of the only other major estate asset is a bit of a conflict of interest as well.

If the intent is to put the house on the market there is really no reason to force the son and granddaughter to move out prior to any sale. I think that the son made a mistake in not challenging the brother as the executor.

 

[HRZ]

I would not rule out that executor is try to manipulate an outcome favorablle to his point of as to the new owners of 50% of the rental property he also owns ..like leverage them to sell out to him, cheap. .

 

[justalayman]

We don’t know how the shared owned home was held. If jtwros, your suggestion becomes moot.


Eekamouse, do you know how the shared home was held In title?

 

[Eekamouse]

It is in my ex-MIL's name only. The other home that is used as a rental property was in both my ex-MIL and her brother's name.

 

[justalayman]

The other home is the one I was asking about. Any idea if there is a

Rights of survivorship statement in the description of ownership?

 

[Eekamouse]

The other home meaning the rental property? I'm not sure how it's titled but I will find out today.

 

[HRZ]

THe MILs children and grandchildren come AHEAD of her brother in terms of priority to serve as administrator of her intestate estate ...how did brother get there and is he really properly there ? MIght be water over the dam , might not be .

Keep in mind that the administrator may be entitled to a modest fee plus an extra fee for extra work like getting place sold ...might get pretty creative...plus the leayers fees of course