My father passed away in May of 2007 leaving behind his live-in girlfriend. Since his death, she is now suing his children for his house, saying it was "promised" to her. There is no common-law in CA. and they were not married. Furthermore, he changed the deed to his house 3 months before his death and she was not named. His will stated that his children where to get his assets. Fast forward 7 months . . .we have written up several lease agreements to her, all of which has been rejected (mainly for items in the house that she claims are hers) Once the last agreement, she stated she wants to take the stove "because it was the last thing my father gave her" We have the receipt to prove he bought it with his own money out of his bank account! At any rate, she has continued to hold up the process and it has finally taken it's toll. I am so stressed at this point that I am having anxiety attacks as well as I have a Dr's appt. to get put on Valium. Can I sue her for anguish?
2007-12-12 16:53:02 · 7 answers · asked by cbarb01 1 in Politics & Government ➔ Law & Ethics
I doubt you have grounds for a lawsuit.
She needs to be served with an eviction notice, and the notice should order her to leave all but her personal property in the house. This is a lengthy process, you should start as soon as possible.
2007-12-12 17:06:13 · answer #1 · answered by trooper3316 7 · 0⤊ 0⤋
You could, but you would be wasting your time. Personally, I don't see where she has any legal argument to gain possession of the house if the house was in your father's name. Since the will gives the children all his possessions, you and your siblings now own the house and anything that is attached to it (like the stove). As for property in the house, some of it may very well be hers like clothing, furniture, books, etc. She is entitled to have anything that she brought into the house back. As for a lease agreement, you have no legal obligation to lease this property to her and I would have her removed from the house if she is unwilling to sign an agreement.
I think you have been more than nice to her and given her plenty of opprotunities to resolve this matter outside the courts.
2007-12-12 17:34:19 · answer #2 · answered by msi_cord 7 · 0⤊ 0⤋
you can and the truth is you can have her put out of the house. she has no lease and no protection under the law. have the police escort her out of the house and make sure your there to stop her from stealing anything. she has no legal claim to the house if the will says it was to go to his children and she was not legally married to your father. tell the police officer not to allow her to take anything she can't prove ownership of.
2007-12-12 17:08:26 · answer #3 · answered by The Simurgh 3 · 0⤊ 0⤋
No, but surely you have an attorney advising you on probate matters. Be up front and honest about your concerns and ask what the real plan and prognosis are, then follow his/her advice.
2007-12-12 16:59:04 · answer #4 · answered by Barry C 7 · 2⤊ 0⤋
Maybe you should just evict her. Cruel, but maybe she'd be less difficult if there was an eviction action in place. Have you discussed this with your attorney?
2007-12-12 17:05:05 · answer #5 · answered by Lesley 5 · 0⤊ 0⤋
You can, but I wouldn't waste my time if I were you... Just finish up with her, whatever that may entail, then never see her again... She may be hurting since losing your dad, too..
2007-12-12 16:58:32 · answer #6 · answered by A W 5 · 1⤊ 0⤋
Kick her out immediately and move on with your life.
2007-12-12 16:59:41 · answer #7 · answered by Anonymous · 2⤊ 0⤋