Corona, CA asked in Real Estate Law and Probate for California

Q: What are my rights when dealing with code enforcement am I supposed to be given time to fix the issues with the house

I've been living in my aunt's house for 2 years but she passed away and the house is in my grandparents name and they passed away a long time ago I've been in the house for 2 years and now family and code enforcement is trying to kick me and my family out they said we have 2 days to leave and the code enforcement red tagged the house

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1 Lawyer Answer
Howard E. Kane
Howard E. Kane
  • Probate Lawyer
  • Oakland, CA
  • Licensed in California

A: If your grandparents did not have a living trust, then the property must go through the probate process to change the title from your grandparents to their heirs or beneficiaries. In the alternative, the home will be sold through probate, and the proceeds of the sale will eventually be distributed to your grandparents' heirs or beneficiaries. It sounds like your family wants to get the probate process going. I anticipate that a family member will file a probate petition and request authority to administer the estate. The administrator will most likely focus on getting the property sold. While you can delay the process for a short while, at the end of the day, if the heirs want the property sold, then you will need to move out. Regarding the red tag, you will need to remedy the problems with the property or the city will force you to move out.

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