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shareon

Guest
What is the name of your state?What is the name of your state? calif..Tuesday i was served a 3 day notice to quit, i'm told it's called an unlawful detainer, he told me he'll be back in 3 day's with an other notice of 5 day's, since this home is divided equally & i'm also a beneficiary of the estate do i have no right's? i was depending on the money from the sale of this house to relocate & start a new life for myself.
I was the only one willing to give up their life & relocate to care for mom in 1996,this has been my home nearly 9 yrs & i've got 9 yrs of accumulation,not to mention having absolutely nowhere to go, what concern's me is them charging me lawyer, court fee's & whatever else they're able to get.
They will deduct these fee's from my inheritance! do i have any right's or am i screwed? if i must leave i would expect a reasonable amount of time to find some place to go while having to gather 9 yrs of accumulation no easy task,does anyone know when these fee's begin? as a calif resident don't i get at least 30 day's? or do i need to ask the court? please help cuz i have no knowledge of the law & i can't afford to lose my inheritance on lawyers & court fee's. Thank you so much...sharon.
 


Dandy Don

Senior Member
Right now you should be talking to an eviction/landlord/tenant attorney to find out exactly what your rights are.

How do you expect the home to be sold if you are still living in it?

You don't need to worry about them charging you any unnecessary fees--that is not your biggest concern right now.

How much of an inheritance payout are you expecting to receive?
 
S

shareon

Guest
I should be getting about 20k if i'm lucky cuz there are several of us & it's unfortunate but none of us get along with each other, i feel under the circumstances this is a bit harsh, cuz they all live out of town & they hired an attorney here in town to evict me, that's why i worry about the threats of being charged attorney fee's & court cost's. I don't want to fight anyone on this issue & i will comply, but having to go & seek out a place to live is'nt such an easy thing to do, not to mention not having the money to do it with! i'm feeling backed up against a wall & i'm sure if they had their way, they would prefere me out in the street & homeless, i'm sad to say.
You said attorney's fee's is'nt my biggest concern...what is my biggest concern?? :confused:
 

Dandy Don

Senior Member
Getting legal advice to find out, as you suspected, whether you actually have 30 days to stay and take care of your affairs or not.

Have you been able to attend at least one of the probate court hearings to find out what is going on? Why is it taking so long for this estate to be settled? Are there enough assets in the estate now to be able to pay you a portion of what you are entitled to? Are they waiting for the home to sell so they can then have enough money to pay the heirs? Post a question asking whether it is possible for a beneficiary to get an expedited, partial payment on what they are expected to receive from an estate.
 
S

shareon

Guest
well no i'm not paying the estate rent cuz mom paid cash for the house & to be honest they never asked for me to pay rent, but i guess at this point rent really is'nt an issue since i'm expected to leave anyway.
I did hire an attorney for the probate issue & we went to the hearing, but the executors side did'nt show up again, or summit the documents the court expected them to produce, closing bank statements..so now the next hearing is'nt till oct, when speaking with the attorney about the unlawful detainer she said these are two different issues, but i have no clue what the probate hold up really is to be honest.
I don't expect them to do me any favors & front me a small portion from the house for moving expences, but i feel if i'm able to get out as quickly as possible & allow them to do whatever they feel need's to be done & sell the house, in oct when we show for the next hearing we can bring up the issue of why it has'nt been sold yet & what seem's to be the hold up.
Cuz i came here to this town 9 yrs ago to care for mom & there is no reason for me to stay in this town now that she's gone, i plan on moving back up to northern calif when the estate issue is settled here, so i guess i'll need to rent a room somewhere untill that happens & then move again.
 
S

shareon

Guest
Eviction compromise..

Hello..I decided to phone the attorney who sent me the eviction notice & she asked me how much time i needed, i said at least 30 day's & she's going to contact the estate attorney to see if that's alright. She then asked if she could send over a real estate agent to look at the property & take pictures,
so they can document the condition of the home which i welcome them to do since i put so much time, money & effort into this home fixing it up.
This may sound silly but since all my family's out of town & i worry about the front lawn not getting watered & turning brown, i feel an emotional investment in it so to speak...but thank you very much for your advise in my situation don, it is very much appreciated.
 

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