Can my mother-in-law evict the tenants living in my deceased father-in-law’s house?

UPDATED: Feb 15, 2012

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Can my mother-in-law evict the tenants living in my deceased father-in-law’s house?

My mother-in-law is not on the title of my father-in-law’s house. He died last year. The lease has been up for already 5 months. Who has the right to evict them?

Asked on February 15, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your deceased father-in-law died with a Will or a trust where he is the only one on legal title to the rental, the executor/executrix or trustee of the Estate is the person who has the legal authority under state law to evict the tenants living in the unit.

If there is no Will or trust, then the administrator/administratrix of the Estate has the authority to do the eviction. If there is no estate representative in place, I suggest that you consult with a Wills and trust attorney about the situation you have written about.

IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

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