Co-owner locking me out

[robo94553]

You were all wrong and should be ashamed...Update

We filed an unlawful detainer suit, aka ouster, and won. We got substantial monetary damages in the form of back rent and what equates to a restraining order to prevent further lock outs and violations of our rights. If I had listened to you guys then I would have made a huge $$ mistake.

I posted on this site to get some informed advice, instead all I got was a bunch of yahoos spewing nonsense and attacking me for asking for advice. You all should be ashamed and in the future you should try and help the people who post on this site instead of attacking them. If you want to help, then learn to ask appropriate questions and respond with helpful advice, otherwise just don't reply!

 

[robo94553]

You were all wrong and should be ashamed

**A: NO you are not the owners. You have no clue.

We are the owners and you should learn the law before you spew your ignorance.

 

[tranquility]

Unlawful detainer suits happen fairly quickly in CA and you post this about 8 months after the original questions. I'd be willing to bet you followed our advice:

1. You got an attorney.
2. You took title.
3. You took action.

If you re-read HomeGuru's post(s), she was not saying you won't be the owner, but that you were not. While, if your story is true, you were the beneficial owner, you were not the legal owner and could not take action regarding possession or what to do with the property.

Congratulations on doing the right thing and following the legally correct advice given you--even if you don't understand what just happened.

 

[HomeGuru]

here it is:

**A: ok, I guess this went right over your head. Since the matter is a probate matter, the attorney would have requested an executor or special adminsitrator to care for the property until such time as the estate was established and probate court case closed.
If you are now the legal heirs as adjuducated by the probate court and further evidenced by a recorded deed showing you on title to the property, then as property owner you would need an attorney to go to court to litigate the matter. Such litigation would include but not be limited to access to the property, repair and maintenace, insurance, real property tax responsibilities etc.
What you fail to understand is that currently you have no rights to the property and can do nothing since the property is not titled to you and the legal entity that owns the property is your father and the estate of your mother. You have no rights to enter the property. The appointed estate executor or administrator does have power to access the property so you may want to make an appointment to see the property with him or her.

 

[tranquility]

That can't be right HG. That seems like it is accurate advice and an astonishingly accurate prediction if the advice is followed. Hardly wrong or anything to be ashamed of.

 

[HomeGuru]

Yipppppeeeeeeeee, the hometeam is in the lead!!!!!!!!!!!

 

[41tellthetruth]

So you won

Feeling pretty good about winning......I still recall from your first post that the person living on the land is your FATHER. So you took your father to court and won

 

[robo94553]

Tranquility you are in denial

You refuse to accept the facts and the law. By law we were granted property rights upon the death of the decedent, our Mother. We did not need to take title as you keep asserting. I did not take your advice, it was garbage. As far as waiting 8 months to respond, not all of us visit this web site on a daily basis. And if you knew anything about court cases you would know that is is not hard for a guilty defendant to delay the court proceedings.

And for the person who is critical of me for taking my Father to court, you should also be ashamed. The law is the law. You should be critical of my Father for ousting us from our property for two years. We were the ones who tried to work out a peaceful solution for two years while he was violating our rights. And by the way our Father was guilty of neglect and abuse against our Mother. I didn't feel this was relavent to the case at hand so I did not mention it.

 

[Ohiogal]

Yipppppeeeeeeeee, the hometeam is in the lead!!!!!!!!!!!

See now I am confused though. I thought HG was MALE!

If you re-read HomeGuru's post(s), she was not saying you won't be the owner

Now I have to recategorize. Dangit. Apologies all around.

 

[Ohiogal]

You refuse to accept the facts and the law. By law we were granted property rights upon the death of the decedent, our Mother. We did not need to take title as you keep asserting. I did not take your advice, it was garbage. As far as waiting 8 months to respond, not all of us visit this web site on a daily basis. And if you knew anything about court cases you would know that is is not hard for a guilty plaintiff to delay the court proceedings.

And for the person who is critical of me for taking my Father to court, you should also be ashamed. The law is the law. You should be critical of my Father for ousting us from our property for two years. We were the ones who tried to work out a peaceful solution for two years while he was violating our rights. And by the way our Father was guilty of neglect and abuse against our Mother. I didn't feel this was relavent to the case at hand so I did not mention it.

A guilty plaintiff? So your dad took you to court? And yes you did need to take title. If you hadn't then the title would still be in your mother's name. Whose name is on the title currently?