Stockton, CA asked in Probate for California

Q: Father died, brother is executor of trust. 75% of all assets, I am living in house since 6/3/21. Caretaker.

How much notice must brother give me to move out?

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

A: Sorry to say, but it depends on your particular facts and circumstances. If your brother has already been confirmed as the executor of the estate, he has a duty to marshal the assets of the estate and get them ready for sale or distribution according to your father's Will or by intestacy. That means taking possession of the house and getting it ready for sale or distribution. I'm assuming you don't have a right to stay in the house pursuant to a written agreement with your father or a right created under your father's Will. If your brother has not been confirmed as the executor of the estate, then he has no legal right to evict you. If he has been confirmed as the executor of the estate and you refuse to leave, you may be required to pay rent to the estate for your continued use and occupancy of the property dating back to the date of death of your father or perhaps the date that letters testamentary were issued to your brother. If you refuse to leave the house, your brother would have the right to evict you but only with proper notice and court approval. How much notice is required? That really depends on your particular situation. Eviction normally requires 60 days written notice, but there are other avenues available to your brother if he needs to evict you and each path has its own notice requirements. You really need to talk to your brother and reach an agreement on when you intend to move out.

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