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CalAttorney2, Attorney
Category: Estate Law
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My uncle passed 2 weeks ago this coming Thur. He had a will

Customer Question

My uncle passed 2 weeks ago this coming Thur. He had a will leaving his assets to nieces and nephews, his wife passed some years ago, no children.
His home health age, would not let us into the house when we went to Calif for the funeral. She had a medical power of attorney, nothing else that we know of .
She had all of her children in the house, we only wanted pictures of our grandmother and our Mom. We went to the police, they said we have to evict her. I plan on getting our copy of the will, have to wait 40 days in Calif. Is there anything else we can do, 3 nieces in Texas, I am in NJ , two other nieces in Calif, thanks in advance. Guess I need a Calif law evict, as the police told us .
Submitted: 1 year ago.
Category: Estate Law
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

Thank you for using our forum. My name is ***** ***** I hope to assist you with your question today.

I am very sorry to learn of the passing of your uncle.

While I do not believe the police department is correct with regard to their interpretation of your uncle's caregiver's status as a tenant (she is a caregiver and employee and she can be ejected from the property without going through the unlawful detainer process unless there is a separate lease agreement). I do know that most law enforcement agencies are reluctant to engage in this process without a civil court order (for fear of their own liability if they are later found to be in the wrong - if you can get a court order, they will certainly carry it out).

What you really need now is a probate attorney to represent you and your fellow nieces and nephews. A probate attorney can both ensure that you get immediate access to the property (so that you can at a minimum do an inventory of the personal property to try to limit as best as possible any theft), and to expedite any removal of the caregiver (either by ejection or eviction).

A probate attorney can then turn to the process of probating your uncle's will (unfortunately a will is not a trust so you will have to go through the probate process, it takes a little while and it does require a couple of court appearances, if you are all on the same page it should not be complicated and therefore should not be very expensive, but it is important to be represented).

You can learn more about the probate process here:

Expert:  CalAttorney2 replied 1 year ago.

You can find local California probate attorneys using the State and local Bar Association directories, or private directories such as;; or (I personally find to be the most user friendly).