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My mother died Jan 3rd of this year. She had no will and she…

My mother died Jan...

My mother died Jan 3rd of this year. She had no will and she had a reverse mort. on the house. We wish to walk away from the house. Our problem is.

Lawyer's Assistant: Because real estate law varies from place to place, can you tell me what state this is in?

She rented a room out to this guy. My mother became a widow just two years ago. He is not allowing us kids to get any of our mothers belongings, pictures etc. He has also taken all of her jewelry changed the utilizes into his name and is well is just a general pain. California

Lawyer's Assistant: Has anything been filed or reported?

I sent the rev mort and others her death certificate but the bank will not speak to me unless I get lawyer and go through probate...

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

I think that is it.

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Answered in 9 minutes by:
3/7/2018
DamienJD
DamienJD, Attorney
Category: Estate Law
Satisfied Customers: 5,135
Experience: Attorney. Well versed, understanding, friendly
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Hello: My name is ***** ***** I am an attorney. Please give me a moment to review your question. I may ask some questions to clarify issues.

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It sounds like you would have to open an estate proceeding and get a court order to enter the premises to retrieve her belonging. You could attempt to contact the Police to gain access, but usually, someone has to be in charge of the estate, which would be one of the siblings. So, to get her belonging, it looks like you are going to have to become the estate representative.

We can discuss this more if you want to do so.

If you have further questions or you need further assistance, just let me know.

If not, please remember to rate my answer between 3 to 5 stars without any additional costs to you. That is how I get credit for answering your question. Best regards.

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Customer reply replied 4 months ago
this guy has no rental agreement nor was he or is he married to my mother and I have to spend more money that I don't have just to get family pictures , my grandmothers ashes etc. So it sounds like if someone dies one should just move in their house and you have free rent and can sell the belongings no one family is out in the cold. Is this right.

Of course it is not right. If someone was living in the home when a person dies, the representative of the estate would provide 30 days notice to vacate and then file an eviction proceeding. Also, if the person took the belongings, the representative would file a lawsuit against the person or get the court to order the return of the items. Further, the court would order access to the premises to collect the estate belongings.

DamienJD
DamienJD, Attorney
Category: Estate Law
Satisfied Customers: 5,135
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