Do I have Tenant Rights? San Francisco

[LdiJ]

True. In fact, depending on all facts, the house may need to be sold to satisfy debts.

That is absolutely true. If the estate has debts and doesn't have other assets available to pay those debts then the house would have to be sold, even if none of them wanted the house to be sold.

 

[Litigator22]

Folks - at this point, the OP is NOT an "owner" of the house. The estate owns the house. The administrator of the estate has a fiduciary duty.

I agree that AFTER the house is distributed, the OP couldn't be forced to pay rent (or face eviction)...but before then, yes, s/he can be.

Most perceptive observation, Z. And one that didn't pass my notice. However, please note that where I wrote "upon the death of the surviving parent", I did so advisedly. Why so?

Because in California and a few other jurisdictions title to real property vests in a devisee/successor/ inheritor immediately upon the death of the predecessor in title, subject only to the administration of the deceased predecessor's estate.

In other words, the rights attributable to tenants in common via inheritance are born and become fixed at the moment of the death of the predecessor in title, not upon probate and/or distribution from his or her estate.

(See: Estate of Kalt (1940) 16 Cal. 2d 807, 811 [108 P.2d 401, 133 A.L.R. 1424]; Prob. Code, §§ 28, 300) [sic].

Estate of Reichel 28 Cal App. 3rd 157) "Thus, the title to the real property to which the expenses (property taxes and insurance) directly relate passed to and vested in the specific devisee, the appellant, at the time of the death of the testator, subject only to probate administration."

Note: The Prob. Code citation is copied verbatim as it appears in the body of the cited case. However, it's obviously an error. And I am not about to take the time to trace it. Instead, simply relying on the Cal. App. Court's reflection and its application.

 

[vinnie123]

Whom is the administrator of the estate?