Adelanto, CA asked in Estate Planning, Family Law, Landlord - Tenant and Probate for California

Q: Are administrators allowed to give photos of an estate that they took to outside parties to use against someone

I have a guardianship case and the administrator for the estate for the property I live in has a personal vendetta against me and he gave the photos that he took that were meant for the documenting of assets. to the lawyers of the opposing side of my guardianship case and now I have an ex-parte hering set to happen in 4 days. The photos he took were from when I was packing up all our stuff and getting ready to move it all to a storage. He also told the opposing side that I was being evicted from the property in 10 days when this too is a lie I have until the middle of march and I’m in escrow to buy a house. I also have proof that he’s been harassing my brothers and other family members sayIng the same to them. Is that a breach of his duties and responsibilities not to mention all the people he’s harassing and texting saying I’m being evicted when I’m not

1 Lawyer Answer
James L. Arrasmith
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  • Landlord Tenant Lawyer
  • Sacramento, CA
  • Licensed in California

A: It is not clear from the information provided whether the administrator had the legal authority to take the photos, or whether he had the right to share them with third parties. However, if the photos were taken in the course of the administrator's duties and were used for a proper purpose (such as documenting assets of the estate), it may be difficult to argue that he breached his duties and responsibilities.

That being said, if the administrator has been harassing you and your family members, or making false statements about your eviction status, that could potentially be a separate issue. You may want to speak with an attorney who specializes in estate and guardianship matters to explore your legal options and determine the best course of action. There may be legal remedies available to address the harassment or false statements, even if the administrator's actions with regard to the photos are not deemed improper.

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