Portland, OR asked in Estate Planning and Real Estate Law for California

Q: Our dad passed recently his home he owned is occupied by my exboyfriends and not sure what our options are

Is it legal for him to sell or take the home from the biological oldest daughter and keep or sell or rent it out??

2 Lawyer Answers
Howard E. Kane
Howard E. Kane
PREMIUM
Answered
  • Estate Planning Lawyer
  • Oakland, CA
  • Licensed in California

A: Your ex boyfriend cannot sell or take the home from the biological oldest daughter, especially without a court order to do so. If your father's property was in a Trust, then the Trust will say what happens to the house now that your father passed. If the property was not in a Trust, then I recommend that you consult with an attorney right away to discuss opening up probate and requesting that you or one of your close relatives act as personal representative/administrator of your father's estate. Once you are appointed as personal representative, then you will be able to better control the situation.

Julie King
Julie King
Answered
  • Estate Planning Lawyer
  • Monterey, CA
  • Licensed in California

A: The answer to your question will depend on whether your father had a trust or will. If so, those documents should say who has what rights. If your father did not have a trust, you most likely need to file a Petition with the Probate Court (or hire a lawyer to do so) and get a court order before anyone can sell the property. In situations where there is no trust or will, immediate family will inherit, so former boyfriends shouldn’t receive any assets or rights (in the most common scenario.). Contact a lawyer if you need help.

Sally Bergman agrees with this answer

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