family friend passed..now what

[divinedee29]

California
family friend died..I rent his home...a car he owns is in my driveway....what do i do about all this.
I was related by marriage to this guy...he was a deputy sheriff. I live in one of his houses that he used to live in. 35yrs i have been here. My husband and i were buying it---starting in 84...we divorced after 20yrs and my ex talked him into having me rent. Buying the home was 875mo..renting was 750...started to rent in 97. Mel--the guy who died..put the rent up to 800 in 2005. I always told him i would of stayed buying it anyway...he loved me and my daughter like family, always made sure we were safe, etc. Found out he passed 5/21/18...72yrs old. Now what? they said he had a 1/2 brother---i never knew...and that he left everything to him....i dont know if thats true. I believe mel left me this house..he knows I am never leaving and thats what he wanted. Have not heard a word from this brother...found out he lives in WA. I mailed my may and june rent to mels home in san dimasbut he is not there anymore but I dont know what to do now? I heard you need to keep paying rent or you would be in default...mel's wishes I KNOW were that i stay here til i die.....how can i see the will? nothing has been filed, we checked online....what is his brother doing? i dont know his name or who he is!! i also have 1 of his many cars parked at m y house as he had many and needed parking spots He has 8 rentals in NV and had I think 2 homes there for himself.....has property in NV and Calif...he has so much still going on!!!! I know he had a will---he was diligent about that..never asked him what happ if he passed Do i keep sending my rent to a house where there is no one? I drove by and his 3 cars are in the driveway..thats it! what do i do with this car? drop it at his house? i live in calif. Do i keep sending rent to a person who has passed? I want to see the will......will i be sent a copy?? Do i just wait and see what happens? I am not leaving this house....35yrs here and Mel knew....he always said "I know its your house, I know you are not leaving"....house needs so much work but I never asked mel to do anything...he did minor repairs but i never wanted to ask him to do anything....the paint is 35yrs old as is the carpets, the stove/oven is 63yrs old...mel bought me 2yrs ago a new DW, W&Dryer and sink combo....he made sure the toilet always worked etc...yes it needs so much work...but its my little home and I love it and he knew that...I am positive he put that in his will that the home is mine...can someone help me----where do I start...what do i do???? do i need to go talk to a lawyer...i am so confused.

 

[Shadowbunny]

California
family friend died..I rent his home...a car he owns is in my driveway....what do i do about all this.
I was related by marriage to this guy...he was a deputy sheriff. I live in one of his houses that he used to live in. 35yrs i have been here. My husband and i were buying it---starting in 84...we divorced after 20yrs and my ex talked him into having me rent. Buying the home was 875mo..renting was 750...started to rent in 97. Mel--the guy who died..put the rent up to 800 in 2005. I always told him i would of stayed buying it anyway...he loved me and my daughter like family, always made sure we were safe, etc. Found out he passed 5/21/18...72yrs old. Now what? they said he had a 1/2 brother---i never knew...and that he left everything to him....i dont know if thats true. I believe mel left me this house..he knows I am never leaving and thats what he wanted. Have not heard a word from this brother...found out he lives in WA. I mailed my may and june rent to mels home in san dimasbut he is not there anymore but I dont know what to do now? I heard you need to keep paying rent or you would be in default...mel's wishes I KNOW were that i stay here til i die.....how can i see the will? nothing has been filed, we checked online....what is his brother doing? i dont know his name or who he is!! i also have 1 of his many cars parked at m y house as he had many and needed parking spots He has 8 rentals in NV and had I think 2 homes there for himself.....has property in NV and Calif...he has so much still going on!!!! I know he had a will---he was diligent about that..never asked him what happ if he passed Do i keep sending my rent to a house where there is no one? I drove by and his 3 cars are in the driveway..thats it! what do i do with this car? drop it at his house? i live in calif. Do i keep sending rent to a person who has passed? I want to see the will......will i be sent a copy?? Do i just wait and see what happens? I am not leaving this house....35yrs here and Mel knew....he always said "I know its your house, I know you are not leaving"....house needs so much work but I never asked mel to do anything...he did minor repairs but i never wanted to ask him to do anything....the paint is 35yrs old as is the carpets, the stove/oven is 63yrs old...mel bought me 2yrs ago a new DW, W&Dryer and sink combo....he made sure the toilet always worked etc...yes it needs so much work...but its my little home and I love it and he knew that...I am positive he put that in his will that the home is mine...can someone help me----where do I start...what do i do???? do i need to go talk to a lawyer...i am so confused.

You have no right to see the will, as you're not related to him. As of now, he was simply your landlord. So keep on sending the rent check to the address you've always used. If his car isn't in your way, I suggest leaving it where it is.

There's no need for you to get an attorney. If he left you the house, great. If not, you WILL be leaving if the new owner wants to end your tenancy.

He's been dead for less than a month; it's possible that probate hasn't been opened yet. You can keep checking with the courts in the county where he died to see if probate has been opened and who is the executor. In the meantime, carry on as if he were still alive: mail the checks on time and in full.

 

[divinedee29]

Thanks for the input.......The car is in the way as we have to keep moving it for street sweeping.....so I was going to take it and move it to the house 1 block away that was given to Mel by a friend when he passed....its been vacant 8yrs now.....filled to the brim with household junk---mel never did anything with it....just left it like that...he has his BMW parked in the driveway and there is room to put the buick....so i was going to park it there...let the neighbors know and put the car key under the mat..and lock the car....and leave! Well...I know I am not family by blood...but he had no family other than this 1/2 brother i never even heard of! I dont want any of his possessions....but....if this house is not mine...I would try to challenge that. 35yrs and over $350,000 put into this house...no way am I leaving without a fight. I would take it to a judge if I have to...I could see if i was here 2yrs...but 35?? I would not just say..Ok bye....I would have to hire a lawyer and try to see what I could do. I am his ex-step daughter-in law....he married my husbands mom...then we got divorced. But...if I am in the will and the house was left for me....would I get something in the mail saying that?

 

[Shadowbunny]

...... I dont want any of his possessions....but....if this house is not mine...I would try to challenge that. 35yrs and over $350,000 put into this house...no way am I leaving without a fight. I would take it to a judge if I have to...I could see if i was here 2yrs...but 35?? I would not just say..Ok bye....I would have to hire a lawyer and try to see what I could do. I am his ex-step daughter-in law....he married my husbands mom...then we got divorced. But...if I am in the will and the house was left for me....would I get something in the mail saying that?

You don't seem to understand -- you're a tenant. That's all. Period. You have no right to fight ANYTHING if the house is not left to you. You're not related by blood OR legally. You are nothing more than a tenant in a property where the LL has died.

Now IF he left anything for you, you are supposed to be notified. Most likely it would be in the mail. But that's why I suggest checking court records in your county to see if/when probate is opened. You may have to request the records if they're not available online.

 

[adjusterjack]

35yrs and over $350,000 put into this house

That's $10,000 per year. $833 per month. That's RENT. Every renter pays that kind of money renting for 35 years. It entitles you to nothing.

But...if I am in the will and the house was left for me....would I get something in the mail saying that?

Probably, since the court would require documentation of distribution of anything that goes to you. But I suggest you keep checking court records once a week.

I also suggest you make future rent checks out to The Estate of ___________. That way anybody receiving them will be more inclined to open probate to be able to deposit or cash them.

 

[divinedee29]

I do understand your point...but I would still talk with a lawyer to see what my options would be if any..cant go without a fight if it comes down to it. 35yrs is a long time...I have read cases sort of similar--where the LL wants the teant out and they have been there many years

That's $10,000 per year. $833 per month. That's RENT. Every renter pays that kind of money renting for 35 years. It entitles you to nothing.



Probably, since the court would require documentation of distribution of anything that goes to you. But I suggest you keep checking court records once a week.

I also suggest you make future rent checks out to The Estate of ___________. That way anybody receiving them will be more inclined to open probate to be able to deposit or cash them.

 

[Shadowbunny]

I do understand your point...but I would still talk with a lawyer to see what my options would be if any..cant go without a fight if it comes down to it. 35yrs is a long time...I have read cases sort of similar--where the LL wants the teant out and they have been there many years

It's your money to throw away. But the only "Fight" is if the LL tries to evict you without proper notice (which is 60 days for a month-to-month tenancy).

I'm curious: what legal right do you think you have to stay if the new owner wants you out?

 

[divinedee29]

My ex and I came to his house in 1984....and we rented for 5yrs...starting at $500mo, $525, $550, $575, $600.....then mel asked if we want to buy it at the 5yr mark....we said yes. We are family so he gave us a great deal...we gave him $5,000down.....$875mo, 10% interest. It remained that way until 1997....my husband and I divorced....so starting in June 1997 i started to rent at $750mo...in 2005 mel put the rent up to $800mo and there it remains to this day. We had a verbal agreement, rent would not go up and this would remain my home...period.....do verbal contracts mean nothing in Calif? yes, i am getting a great deal...we are family...that's why...I am not a stranger to mel...i knew him for 41yrs. I still dont see my May or June rent checks being cashed.....after 90 days do i put a stop payment on them? I dont understand why the brother has not opened probate? Mel had so much property, at the home a block away, he has 5 cars there, 4 in the backyard, that home was given to him and it just sits there for 8yrs now....I dont know...I will have to wait and see what happend. I know you say I am entitled to nothing, but I was family by marriage, in my home 35yrs, mel and me and my daughter were lifelong friends.....and we did have a verbal contract. I will be taking that car of his I have and parking it at the house a block away in the driveway, along side his BMW! thanks for the input....i just feel odd mailing a check to a house no one is at any longer...not sure if it has a forwarding address, i tried to call the post office but they said they could not even find the address! I said he has lived there for 40yrs!! I will go over there and ask...its a cluster mailbox, so i guess if the mail person sees the mail stacking up...they would return to sender? i just dont know...guess I have to just wait it out!

 

[divinedee29]

It's your money to throw away. But the only "Fight" is if the LL tries to evict you without proper notice (which is 60 days for a month-to-month tenancy).

I'm curious: what legal right do you think you have to stay if the new owner wants you out?

 

[divinedee29]

Honestly, I dont know if i have any rights. I know that mel and me had a verbal contract and he told me many times that this house is mine and he "knows that I am not leaving"...he said that to me all the time when we spoke about the house. Are verbal contracts not legal in Calif? who knows, maybe nothing will change but I am just thinking ahead!

 

[Shadowbunny]

Honestly, I dont know if i have any rights. I know that mel and me had a verbal contract and he told me many times that this house is mine and he "knows that I am not leaving"...he said that to me all the time when we spoke about the house. Are verbal contracts not legal in Calif? who knows, maybe nothing will change but I am just thinking ahead!

Him saying those things do not meet the elements of a contract. You are doing yourself no favors by thinking you'll be able to fight this -- you will be doing nothing more than wasting time and money. I know it's overwhelming to think of having to move, but the sooner you accept that this is possible, the sooner you'll be able to make plans.

 

[divinedee29]

I always thought a verbal contract was valid? Well...I have to wait and see what this will says...maybe it is mine...I just dont know. Thanks for all your input! I will keep you posted!

 

[doucar]

Under the statute of frauds, all contracts for real estate must be in writing to be enforceable.

 

[adjusterjack]

I always thought a verbal contract was valid?

It is valid. It's valid as a month-to-month tenancy which, under CA law, requires a 60 day written notice of termination since you have been a tenant for more than one year.

Sure, you can stay there as long as you want and keep sending the rent checks and keep checking the probate court.

If a will ever gets filed and you're named in it, happy, happy, happy.

But if you aren't named you get nothing. If the will never gets filed the estate is distributed under intestacy and goes to blood relatives not relatives by marriage. There won't be anything to fight.

 

[xylene]

I also suggest you make future rent checks out to The Estate of ___________. That way anybody receiving them will be more inclined to open probate to be able to deposit or cash them.

I would NOT do that and not change a thing, since the op is looking to stay as long as possible.

Moving the car to the neighboring house is a good idea. The car is someone else's problem.