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Ask Barrister Your Own Question
Barrister
Barrister, Attorney
Category: Estate Law
Satisfied Customers: 37796
Experience:  16 yrs estate law, real estate. Wills/Trusts/Probate
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I don't know if you can answer this but my father passed

Customer Question

I don't know if you can answer this but my father passed away on April 7, 2017. I'm the trustee of all of his estate. He was ill and had 2 caregivers that were living at the house for free and being paid by my dad for their services. They are now refusing to leave the house saying they have rights because they've been there for over 1 year. He lived in California and I live in Washington state. We gave them a date of May 11 to leave but looks like ygey
JA: What documents or supporting evidence do you have?
Customer: a will and trust that both state I'm the trustee and my bro and sis as beneficiaries. We decided not to sell the house
JA: Anything else you want the lawyer to know before I connect you?
Customer: They have locked their rooms so only they have access
Submitted: 4 months ago.
Category: Estate Law
Expert:  Barrister replied 4 months ago.

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses, but rest assured, I am working on your question. The website may offer a phone call option, but it is optional.

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Was there any written contract with the caregivers for their employment?

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And if so, did it state that they would vacate when the employment ended?

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thanks

Barrister

Customer: replied 4 months ago.
No nothing in writing. They were friends of my niece who agreed to be paid $250/wk while living at the house rent free. My trust atty has written them each a letter stating they need to be out by 5pm on May 11th which is over a month since his passing.
Expert:  Barrister replied 4 months ago.

Ok, the problem here is that although they were employees, if there is nothing in writing in a contract that states that they agree to vacate upon his death or their termination, then they become month to month tenants by default. And since they have lived there over a year, the law in CA requires a 60 day written notice to vacate before you could legally file a formal eviction action to get a judgment against them in court and a writ that the sheriff would serve to force them out.

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These caregiver situations are tough because if not done correctly, you can wind up with tenants instead of employees at will.

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thanks

Barrister

Expert:  Barrister replied 4 months ago.

Hello again,

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I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

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Thanks much

Barrister