Los Angeles, CA asked in Landlord - Tenant, Probate and Estate Planning for California

Q: Uncle is evicting me from my fathers house , I am disabled and served unlawful detainer

Ive lived in fathers house for 9 years with his assistance. He passed, but he was cohersed by my uncle into doing his trust over, since I was suppose to have passed by now. My fathers wishes were for me to take everything he has, but wanted my uncle to get 100k and handguns. Now Ive been served a unlawful detainer, and he has no intention of complying with his agreement How do I respond to the eviction notice

2 Lawyer Answers
Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: You have a very difficult situation and you should not delay finding an attorney. You might need more than one.

You need a trust litigator to to review your dad's trust and to help you challenge it, if you think that the amendment was obtained under duress or undue influence.

You need a tenant rights attorney to try to get a restraining order in the eviction case pending the outcome of the trust litigation case.

If you are on any kind of government benefits, then you are also going to need an attorney that specializes in special needs issues to help you take steps to ensure that any inheritance that you obtain as a result of these efforts does not disqualify you from government assistance, or at least to mitigate the impact.

There are loads of attorneys in the LA area, so you should not have any trouble finding them, but all of this is going to be expensive, I am sorry to say.

Nina Whitehurst
Nina Whitehurst
PREMIUM
Answered
  • Estate Planning Lawyer
  • Crossville, TN
  • Licensed in California

A: It just occurred to me, you might want to start your attorney search by contacting the Legal Aid Foundation of Los Angeles. More information here: https://lafla.org/

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