Los Angeles, CA asked in Probate for California

Q: If the judge agreed to 2 adminstrators of my deceased parents estate.

Can the other administrator have them evicted. Because I don't want them living there until there's a buyer

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1 Lawyer Answer
David L. Crockett
David L. Crockett
  • Probate Lawyer
  • Newport Beach, CA
  • Licensed in California

A: This is a legitimate concern. However, administrators have broad latitude to manage the estate assets during probate. If one administrator wants to have the other administrator evicted then the one wanting to do the eviction should have a lawyer to advise and consider all the alternatives.

It is not unusual for estate administrators to be living in the houses they are administrating as part of the probate but if they are living there they may have an obligation to pay rent depending upon a lot of factors. If there is an attorney for the probate estate, I suggest that you write him/he a letter complaining about this. Do not use email but instead use first class mail with proof of mailing and/or certified mail return receipt so you can later prove that you complained.

If your share of the estate is significant and if you feel the estate probate is not being properly handled, then I recommend that you retain your own lawyer to represent your interest as an heir. Your own lawyer will most likely be more effective in lodging complaints and filing court papers to put a stop to wrongdoing.

David L. Crockett, attorney/CPA/broker, AV preeminent rating.

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