Q: Grandpa passed away 14 days ago, he was a widow. Uncle now says everything is his & demands access to our house. Can he?
My mother also passed away approx 8 years ago. We've been living with grandfather for last 5 years. He's only be gone for 14 days, we haven't even had the funeral. Uncle keeps just showing up whenever he wants to our house. I woke up to him asleep in his car in our driveway yesterday morning.
I am sorry for your loss. It sounds like your uncle is making a hard time even worse. Let's assume your uncle is correct and he "gets everything" including the house belonging to your grandfather. That being the case, he would still have to follow California's landlord-tenant laws and provide you with proper notice before you have to leave. He cannot just kick you out or expect you to pack your bags this weekend. Nor can he disturb your peace, like showing up unannounced or parking in your driveway. You have rights as a tenant.
I highly advise you to contact a landlord-tenant attorney if he continues to harass you.
James Edward Berge agrees with this answer
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A: It depends on if there was a will or trust for your grandfather that gave everything to your uncle or if your uncle was on title. If any of those are true then it is possible that it will eventually be all his, but if you have lived there for 5 years you have rights as a tenant, even if you do not have an official lease. If there is no will or trust for your grandpa and he was your mom's dad then you and your siblings would have equal right to the estate as your uncle.
1 user found this answer helpful
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