Q: I pay mortgage in my deceased parents home for years. Can my sister kick me out if she says she's the executor? No will

A: If there is no will, she definitely isn't an executor as an executor is only appointed through a will. If she is the court appointed estate representative of your deceased parent's estate, she can only remove you with a court order. At some point in time, she can can remove you though and force the sale of the property. You will need an attorney to represent your interest, to seek reimbursement for all of the mortgage payments you made, and to ensure you receive the full amount of your inheritance. Schedule a free consultation today to protect your inheritance.

A: Without a will, California intestacy laws determine how the property is distributed among heirs. Since you've been paying the mortgage and living in the home, you have established certain rights as an occupant and potential heir.

Your sister's role as executor would need to be officially appointed by the probate court - she cannot simply declare herself executor. Even if she becomes the administrator of the estate, she cannot immediately force you to leave the property. The home would need to go through proper probate proceedings, and all heirs would have equal rights to inherit under California law.

You should immediately consult with a probate attorney to protect your interests. Document all mortgage payments you've made and gather any other evidence showing your financial contributions to the property. The attorney can help you file the necessary paperwork with the probate court and potentially seek temporary orders preventing any sale of the property until ownership is properly determined. You may also have the right to buy out other heirs' interests in the property if you wish to keep it.