Grama died and left house that we live in to our dad, dad died, now what?

sarahbernhardt

New Member
Jurisdiction
California
Ok my dad and my siblings and I have been living in our dads moms house for like 15 years.Dad has a older brother and sister. Grama dies in May 17 and dad dies in September 17, leaving my sister and I living in the house. Two days after dad dies, uncle shows up (uncle is executor or gramas estate) he shows up and tells us that we have to sign this paper stating that we have until feburary 5th of 2018 to move out and that we have to pay $1200.00 each (which will be subtracted from our part of gramas estate) for rent .So we are tenants? Arnt we owners? He comes over whenever he wants and bullys us and are we owner's or what?

I want to give him a 30 day notice to change terms, and I want the notice to state that I am not agreeing to pay rent, is that appliacable?
Please help!
 
I want to give him a 30 day notice to change terms, and I want the notice to state that I am not agreeing to pay rent, is that appliacable?


You need to speak with a couple of licensed real estate or property law attorneys in your county.

You'll probably need YOUR lawyer to do two things immediately.

He or she will need to get a look at the alleged will your grandmother left.

If your dad died without a will, you and your sister (as do any other siblings or issue of your father) should inherit his estate equally.

Your potential legal issues far exceed the scope of what an internet discussion site can do for you.

You need to know IF grandmother had a will, what it said, to whom she bequeathed her stuff.

You should already know if your father had a will, or not.

These are matters your attorney you'll HIRE will be able to resolve, as well as others related to the recent deaths.

God bless your family as you mourn the memories of two people I'm sure you loved.
 
So we are tenants?

Yes (and you have been tenants ever since you moved in).

Arnt we owners?

Nothing in your post suggests you have any ownership interest in your grandmother's home. Is there some reason you think you might have an ownership interest?

I want to give him a 30 day notice to change terms, and I want the notice to state that I am not agreeing to pay rent, is that appliacable?

I'm not really sure what this question means.

Please answer a few questions and I can give you some more meaningful commentary:

1. Is the house titled in your grandmother's name? If not, in whose name(s) is it titled?

2. Did your grandmother have a will? If so, what did she leave to you (if anything) and what (if anything) does her will specifically say about the house in which you live?

3. Did your father have a will? If so, what did he leave to you (if anything), and did it mention anything about the house?

4. You referred to your uncle as the executor of your grandmother's estate. How do you know he's the executor? Is it just because he told you that he is? In fact, he is not the executor unless a probate court has entered an order appointing him as executor. Have you seen a court order to that effect or any other documents relating to the probate of your grandmother's estate?

5. Has probate begun for your father's estate? If so, who is the executor (i.e., the person appointed by the court to administer the estate)?

6. I assume that your grandmother and your father were not married at the time of their deaths. Correct?

Please answer these questions to the best of your ability.
 
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