Q: How do I evict my fathers live in girlfriend of 2-3 years since my father did not leave a will?
My father passed on May 26. He had recently sold a property so he should've had funds to cover his funeral cost. His live in girlfriend says that he only had $1 in the bank. The week before he died they argued about $150,000 he had at home that suddenly disappeared. My father had cameras at home he could've found out but he got pains in his stomach he died later cause of complications. His live in girlfriend says she doesn't have money for his funeral but she should have what he still had from the sale of the property. She is giving away his belongings and is refusing his daughters entrance to his home to retrieve even an outfit of his for his funeral. How can we get her evicted while we go thru probate to sell his belongings so we can move on and heal. She has already mentioned that if we evict her we won't be seeing much of the home left when she leaves.
A:
In order to evict, you would have to file a probate petition and become his personal representative. You will need an attorney to do that. When you are appointed personal representative, you would be able to stop her from selling what remains of his property.
It would be very strange if he sold real property and received cash (as opposed to a check or other means of payment) for it. Your attorney might consider deposing the girlfriend, as well as the purchaser of the property to determine what happened to the proceeds from the sale.
Jane Kim agrees with this answer
A: I suspect she has a lease to live on the property. The correct process is ejectment. To do that, someone has to receive the ownership of the property. In that sense, you need to work with a probate attorney and a real estate attorney. If you are in a position to hire one, you are welcome to contact my office.
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