Fresno, CA asked in Real Estate Law for California

Q: What are my rights if i live in the home my brother inherited from my grandma and he wants to sell it.

I pay the property taxes and keep the upkeep on the home and have lived here with my 2 children who are 13 and 16 for the past 7 years. I only moved here to help him keep the house because he didn't want to move from his home.

Related Topics:
2 Lawyer Answers
Gerald Barry Dorfman
Gerald Barry Dorfman
Answered
  • Mill Valley, CA
  • Licensed in California

A: If there is more to the story, you should consult with an attorney. Based just on what you have said here, it seems you are a month-to-month tenant, entitled to 60 days notice of termination of tenancy.

Thomas A. Grossman
Thomas A. Grossman
Answered
  • Palm Springs, CA
  • Licensed in California

A: I assume by your statement that you did not inherit a right to the house. I have not seen the deed, so I can't say for sure. But, if your brother is now the sole owner of the house, he has the right to charge you rent, let you stay, or kick you out. There is not much you can do about that. You are now a tenant in the house, and your rights depend on what your brother wants to do with the house.

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.