Fontana, CA asked in Probate, Criminal Law and Real Estate Law for California

Q: Embezzlement or rent skimming? Can a person "move in" before probate with no administrator? Can i remove the lock?

My grandmother passed november 2018 and left an unsigned deed. This deed leaves the home to her son and nephew. Her son has collected 12000 from the tenants, half the rent was payed none of the bills were. Is that embezzlement or rent skimming?

After one teant moved out (july 15) he came in the home with out notice or permission, moved in a tv and futon mattress and placed a lock on the door, and hasn't been back in a month. I asked last week if he can remove the lock so that can be a guest room until a new tenant arrives. He said "no im moving in", or he will have a teanat in soon. Can he claim he is a tenant even though no administrator has been appointed, so i know he doesn't have a lease agreement nor has be payed rent or bills. Can he legally move some one into this home, with the owner deceased an no executor or administrator in power?

Considering he is not a tenant nor a landlord would there be legal repercussions for forcefully gaining access to this room?

1 Lawyer Answer
Dale S. Gribow
Dale S. Gribow
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.

i would report him/her to the police.

technically they broke into the residence.

if they are a tenant you have to comply with the law and do a 3 day notice and an unlawful detainer.

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