Los Angeles, CA asked in Probate for California

Q: I am administrator & I filed a petition to have the coadministrator removed for not complying.

She also doesn't want to hand over my mother's bank account statements. Can I also file to get rent from these people & herself for living in my parents home still. Or can I also file a petion to have her evicted from parents home along with the other people she has living in the home too.

Related Topics:
1 Lawyer Answer
Bruce Adrian Last
Bruce Adrian Last
  • Probate Lawyer
  • Pleasant Hill, CA
  • Licensed in California

A: Dear Los Angeles:

This is one you certainly want to discuss with an attorney. However, co-administrators need to work together and should not be refusing to disclose information to each other.

On the rent issue, it is technically a breach of fiduciary duty for and administrator to occupy estate property without paying fair market rent. If you can prove it, the court may surcharge her or remove her.

I really cannot speak as to the "other people" as I cannot ascertain their capacity.

I'd review this with an attorney, and if you don't have an attorney or know where to find one, you can try your local county bar association's attorney referral program. These programs provide a consultation with an attorney for a small or no fee.

Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.