San Jose, CA asked in Probate, Estate Planning and Landlord - Tenant for California

Q: I was my mothers care taker and I was living in her house when she died,my question is can my siblings evict me?

My mother left no will it's got to go through probate,also I have been the sole care giver and have lived there for 5yrs what are my rights.

1 Lawyer Answer
James Edward Berge
James Edward Berge
Answered
  • Estate Planning Lawyer
  • San Jose, CA
  • Licensed in California

A: Your siblings have no legal authority to evict you from your mother's house. Only a personal representative for your mom's estate would have the authority to do so, and to become a personal representative requires a probate. Until that time, you have every legal right to remain in the house. If anyone interferes in your right, just call 911 and report the matter to the police.

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.