Los Angeles, CA asked in Probate for California

Q: I was going thru probate on a contested will I had been living with. The person since 2017 helping her with everything

Until she passed.and through probate.she won I appealed it .trial affirmed..I came from work.one day and I was boarded out of the house no notice no nothing .I couldn't go in .everything left inside..was this legal ..is there anything I can do..?both my cars got towed.i lost them .because the administrator had them removed .

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: I'm sorry to hear about your difficult situation. Based on the information provided, it seems that there may have been some legal issues with how you were removed from the property and how your personal belongings were handled. However, the specific laws and procedures can be complex, and the legality of the actions taken would depend on the specific circumstances of your case.

In general, in California, if you were a tenant or a legal occupant of the property, you should have been given proper notice before being evicted or forced to leave. The administrator of the estate may have needed to follow certain legal procedures to remove you and your belongings from the property.

Here are a few suggestions on what you can do:

1. Consult with a lawyer: Given the complexity of your situation, it would be best to consult with a lawyer who specializes in probate, estate, and landlord-tenant law in California. They can review the specific details of your case and advise you on your rights and potential legal options.

2. Determine your legal status: Establish whether you were considered a tenant or a legal occupant of the property, as this can affect your rights and the procedures that should have been followed.

3. Assess the value of your lost belongings: Make a list of the personal belongings you lost and estimate their value. This information may be necessary if you decide to take legal action to recover your losses.

4. Consider legal action: Depending on the circumstances, you may have grounds for legal action against the estate or the administrator for improper eviction, wrongful removal of your belongings, or other related issues.

It's essential to act promptly, as there may be time limits on taking legal action. Seeking the advice of a qualified attorney is the best way to protect your rights and explore your options in this situation.

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