If my grandmother passed away several years ago without a Will, what is our best course of action to get my aunt who still lives there out of the house?

Her youngest child has been living in the house her whole life; she has a disability.

Asked on November 13, 2014 under Estate Planning, California


M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 6 years ago | Contributor

I am so sorry for your loss. First, your Aunt is her child and under the intestacy statute in California, she inherits everything along with her siblings. So she has a right to be there just as her siblings do. Additionally, if she has a disability she is probably protected by state law and that statute will likely have to be interpreted along with the intestacy statute and reap property law in the state.  This is not an easy issue to determine here.  Please get help.

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