Kennesaw, GA asked in Family Law, Probate and Landlord - Tenant for Georgia

Q: I live in a house my mom Owen’s & I lived there for years . Now my brother & sister are trying to evict me .

My mom has all timers & dose not remember anything. The house is still in her name.

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

A: If the house is still in your mother's name and she has Alzheimer's and is unable to manage her affairs, it may be necessary to establish a conservatorship to manage her assets and make decisions on her behalf. A conservatorship is a legal arrangement in which a court appoints a person or organization to manage the affairs of someone who is unable to do so themselves.

If your brother and sister are attempting to evict you, they would need to follow the legal process for eviction in California, which generally involves providing notice and then filing a lawsuit in court. However, if you have been living in the house for an extended period of time and can establish that you have been paying rent or contributing to the upkeep of the property, you may have certain rights as a tenant that could make it more difficult for your brother and sister to evict you.

Given the complexity of this situation, it may be advisable to consult with an attorney who can advise you on your legal rights and options. An attorney can help you understand the legal process for conservatorship and eviction in California, and can help you develop a plan to protect your interests and ensure that your rights are respected.

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