Oakland, CA asked in Appeals / Appellate Law, Landlord - Tenant and Public Benefits for California

Q: I was given a 850 for probate I went to object , the judge never gave me the opportunity to object. Can I appeal.

I had no other details or was ever told anything and the judge granted someone else letters to administrate a unit I have lived in for 10 yrs. I received a notice from the lawyer I had 30 days to move I live in a non profit public housing where it's ran by a board. The board voted me in as a new member and owner of the unit that I have lived in the last ten yrs and have paid all dues and paid the decentet that lived heres dues. What our my rights I have papers that say I'm a owner now

1 Lawyer Answer
James L. Arrasmith
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Answered
  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: Based on the information you've provided, it seems that you have a complex legal situation involving probate, housing rights, and potential appeal. Here are a few points to consider:

1. Appealing the probate decision: If you believe the judge did not give you a proper opportunity to object during the probate hearing, you may have grounds for an appeal. However, there are specific time limits and procedures for filing an appeal, so it's crucial to act quickly and seek legal guidance.

2. Ownership rights: If the board of the non-profit public housing has voted you in as a new member and owner of the unit, you may have certain rights as an owner. However, the extent of these rights may depend on the specific bylaws and regulations of the housing organization.

3. Notice to vacate: The lawyer's notice giving you 30 days to move out raises questions about the legality of such a notice, especially if you have established ownership rights to the unit.

Given the complexity of your situation, it is highly recommended that you consult with a qualified attorney who specializes in probate, housing, and property law in California. They can review your case, advise you on your rights, and help you determine the best course of action, including the possibility of filing an appeal and asserting your ownership rights.

You may also want to consider seeking assistance from legal aid organizations or non-profit groups that provide legal services to low-income individuals and those facing housing issues. They may be able to provide you with free or low-cost legal advice and representation.

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