My grandfather just passed away and my father has inherited his house. However he can not get my grandfathers caregiver to leave the house. I'm wondering what rights she has to stay there and what rights my father has to get her out.
Answer
Does the caregiver have any kind of lease or is he/she just remaining there? If in fact your father did inherit the house, he may want to call law enforcement and have the caregiver removed.
Answer
You first need to get the property into dad's name or at least get him authority to act (i.e. through probate Court). Then, as Mr. Reid says, determine if there is a lease or not. If no lease then start the eviction process! Let me know of any further questions or visit my website to contact me, www.californiaprobate.info
Answer
As Mr. Palley and Mr. Reid have said your father needs to have the property transferred into his name. This may require a Probate filing. However, if the home was in your grandfather's trust,and your dad is the successor trustee, he can handle the issues concerning the caregiver residing in the house even with the house in trust. In that case, he could need to file an Affidavit of Death of Trustee with the county recorder where the property is located. Once that affidavit is filed, your dad can then transfer the property to his name, if he wishes.
If the caregiver has a lease or rental agreement, your father would need to act in accordance with the terms of the lease in order to remove her/him from the property. If there is no lease, it may still be best to serve the caregiver with a notice to vacate the premises. Typically, this would be a 30 day notice. However, you dad might want to consult with a landlord-tenant or real property attorney, as well as with a Probate/estate attorney.
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