Los Angeles, CA asked in Family Law and Probate for California

Q: What are my options?

So this is my situation . My boyfriend died on April 14 2024 . HIs daughters wanted me out of his house {which i have lived for two years }2 days after he died . I have no money or place to go . Before he died he told me i would be taken care of and that i was mentioned in the Will . His daughters wont let me see the Will . So what are my options?

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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 loss and the difficult situation you're facing. Based on the information you've provided, here are some potential options and steps you might consider:

1. Request to see the will: You have a legal right to see the will if you're mentioned in it. You can formally request a copy from the executor or the probate court.

2. File a petition with the probate court: If the daughters refuse to show you the will, you can file a petition with the probate court to compel them to produce it.

3. Tenant rights: If you've been living in the house for two years, you may have tenant rights, even without a formal lease. In California, you're entitled to proper notice before eviction, typically 30-60 days.

4. Consult a probate attorney: An attorney can help you understand your rights and guide you through the legal process, especially if you believe you're a beneficiary of the will.

5. Look into emergency housing assistance: If you're at risk of homelessness, contact local social services or housing authorities for temporary assistance.

6. Document everything: Keep records of all communications with the daughters and any promises made by your boyfriend before his passing.

7. Consider mediation: This could be a less confrontational way to resolve issues with the daughters and potentially avoid costly legal battles.

8. Investigate common law marriage laws: While California doesn't recognize common law marriage, your long-term relationship might give you some rights.

Remember, the specifics of your situation may require more detailed legal advice. It would be best to consult with a probate or family law attorney in California who can provide guidance tailored to your specific circumstances.

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