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Hi, My grandmother and mother own a house together. Grandmother died in 2000. The house is being sold in a probate sale. Now my uncle is claiming half the rent from the year 2000 from my mother. With no agreement of any kind. And when my grandmother was alive. My mother collected the rent and paid all the taxes and maintenance. AS of now. She pay's everything. And my grandmother collected no rent with the understanding that she lived in her half. My uncle's lawyer is using California Probate code 850 (a) (2) (c). And in the petition to the court. He claims the rent has been $1,700 a month for 9 years and signed his name. Is this perjury? Because he knows we did not. He lived rent free there for a long time.
State/Country relating to Question: California Already Tried: Nothing. Just got the petition from the lawyer a few days ago.
Hi there:is there ANY chance that this was an innocent mistake?
By innocent mistake on my mothers part? We understood that half the rent is owed for my grandmother's estate. When the probate start. So that money is in a account by executor. For the probate. As far as my uncle. no innocent mistake. He knows. That king of rent was never collected. And I doubt that $800 a month was collected for rent for a studio in Highland Park in the early 2000's. No mistake he wrote in the petition $1,700 a month for 9 years. He needs to go to jail.
Hi again:I was asking about your uncle, so the question was answered. Thank you for your patience. Perjury is basically where someone knowingly makes a false statement under oath. In California, this is governed by California Penal Code Section 118(a). It is a felony punishable by imprisonment for 2 to 4 years.If your uncle knew the falsity of his statement when he made it in the petition, it would ordinarily meet the legal requirement for perjury. Allegations of perjury should be reported to the County Sheriff's office. Let me know if more information is needed, and please remember to click "accept". Thank you.
Yes thank you for the answer. But what about the question of the rent? That the probate started in 2006. But now my uncle is claiming rent from 2000 from my mother?
I'm sorry; I didn't see that question. You are asking about whether your uncle would be entitled to collect back rent?
Yes sir. Hi, My grandmother and mother own a house together. Grandmother died in 2000. The house is being sold in a probate sale. Now my uncle is claiming half the rent from the year 2000 from my mother. With no agreement of any kind. And when my grandmother was alive. My mother collected the rent and paid all the taxes and maintenance. AS of now. She pay's everything. And my grandmother collected no rent with the understanding that she lived in her half. My uncle's lawyer is using California Probate code 850 (a) (2) (c).
Sorry for the misunderstanding; this forum is convenient, but it has its disadvantages in the way of communication sometimes. Thank you for your patience. I had just two more questions for you: who has lived in the house since your grandmother died, and if a tenant has lived there, how much did they pay?
In the year 2000 to about 2003 a person lived in the studio rent free. And in the two bedroom a family lived for $625 a month. Then in 2005 it was not rented for 8 pr 10 months. Then in 2006 to present the studio is rented for $507. And the two bedroom $900. And the front one bedroom. My uncle has lived in rent free for 22 years.
Your uncle has lived in the house rent free for the past 22 years?
Yes. Now evicted for not letting people see the unit to probate court ordered sale. And trying to claim life estate. When he did not have it. Because it did not meet the legal requirements of the law. It was not allowed into probate.
Hi there:based on what you have said, your uncle would have no case. If he did not live there and the building was either being rented or occupied by your mother, he might have a case for 1/2 the rental value minus whatever expenses your mother paid for things like taxes, maintenance, etc., but if he lived there then his case is as weak as can be.
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Thank you so much. I just had to say that. For my mother is a elderly asian lady that supported her inlaw's. And is bleeding out money in this situation. But they don't care. And you have to some peace of mind to this. I will contact a lawyer on monday. To defend this petition. And accept your anwser with a great thanks!