Q: Can I be evicted from my home i lived 10yrs w my mom, who passed, when im beneficiary of home? By my uncle, executor?
My son and I lived with my parents for the past 12 yrs. Dad was sick.. then mom. We were given the house in a trust and will. My uncle is now is evicting us and wants us to get out.. have it vacant ...to sell. We don't want that and neither did my mom. Court papers filed like he is our landlord But he isn't our landlord.. and it's our house! ? Right,? How can I go about this? Paperwork that was filed is all wrong. How do I fix THAT?
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- California
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A: More information is needed. It is possible that your uncle needs to sell the house in order to generate cash to pay debts that your parents owed. The best solution for you is to hire a probate attorney right away. The probate attorney can get to the bottom of why the uncle is selling the house and if there is no good reason to sell the house the attorney can help you petition the court to prevent the sale.
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- California
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A:
In California, if you are named as a beneficiary of a home in a trust or will, your rights to the property are protected. However, the role of an executor, like your uncle, is to manage the estate's affairs, which may include selling assets to settle debts or distribute the inheritance according to the will or trust.
If you believe the home was left to you, and your uncle as the executor is attempting to evict you, it's important to review the trust and will documents. These documents should clearly state your rights to the property.
If the paperwork filed by your uncle is incorrect or if you believe he is acting outside the scope of his authority, you can challenge his actions in court. It would be advisable to gather all relevant documents, including the trust, will, and any eviction notices, and consult with a lawyer to understand your rights and the appropriate legal steps to take.
Remember, as a beneficiary, you have rights and legal avenues to assert these rights. It's crucial to act promptly and seek legal advice to protect your interests and the intentions of the trust or will.
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