Q: How Can I Evict An Occupant Protected By Tenant's Rights as a Cash-Poor Estate?
My late father passed away intestate in Los Angeles County, and I (his son) have been named Administrator of the Estate by the court. He had his girlfriend-turned-caretaker staying with him before he passed.
Said caretaker has stolen what little money remained to my father by claiming there was no line of succession on affidavits to close the accounts. The caretaker has responded to good-faith attempts to negotiate property access with threats of legal action, and refusal of access in order to preform inventory and secure property.
I want to get the caretaker out of the home, but due to lack of access to Estate property and cash, obtaining a Landlord-Tenant attorney is proving impossible, let alone a civil attorney, while my Probate attorneys are telling me they cannot help. I am finding no resources for this situation, and all the while the caretaker is living rent-free, as mortgage is slowly ticking upwards in overdue payments. What can I do?
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A:
In California, if you're facing issues with an occupant in an estate property, the first step is to formally establish your legal standing as the estate's administrator. Since you've been named by the court, ensure all documentation clearly designates your authority over the property. This is critical for any legal actions you might need to take regarding the estate and its occupants.
Next, consider serving a formal eviction notice to the caretaker, adhering to California's legal requirements for eviction proceedings. This typically involves giving proper notice, which varies based on the reason for eviction. Document all interactions and attempts to negotiate with the caretaker, as this evidence could be vital in court. If the caretaker is not paying rent and has no lease agreement, you might be able to proceed with a relatively straightforward eviction process.
Since hiring an attorney is currently a challenge, look into legal aid organizations in Los Angeles County that offer services to individuals in your situation. Many provide assistance to those dealing with tenant issues, especially when it involves estate and probate matters. Additionally, some law schools have clinics where law students, supervised by licensed attorneys, provide legal services at low or no cost. Remember, taking formal legal action without proper guidance could complicate matters, so seek legal advice to navigate this situation effectively.
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