Sacramento, CA asked in Estate Planning and Probate for California

Q: My boyfriends mom recently passed and now the estate is in probate his sister and himself are both living at one of the

Properties he wants me to stay there with him .. she does not what are his or my legal rights?

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1 Lawyer Answer
James L. Arrasmith
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  • Estate Planning Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, if the estate is in probate, the property is under the jurisdiction of the probate court. If your boyfriend and his sister are both heirs, they have a right to occupy the property unless otherwise ordered by the court. Your boyfriend can generally have guests, including you, stay with him. However, issues may arise if co-owners or co-inhabitants have conflicting wishes regarding occupants. If the disagreement escalates, the probate court may have to make a determination about occupancy. It's important to communicate openly with all involved parties. If concerns persist, consider seeking legal counsel to understand all your rights and options in this situation.

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