Need help/advice please, Mother in Law served with 30-day eviction notice

dbart

dbart

Well-known member
Joined
May 5, 2021
Messages
3,566
Reaction score
4,537
Ok, here we go.
My mother-in-law, Carol, who is 77 years old has been with her Boyfriend Wes for 13 years and living in Wes' house.
Wes passed away 2 weeks ago. 6 days later his daughter handed Carol a 30-day eviction notice as well as put one on her windshield of her car and one in the mailbox.
Not sure that is legal for her to do it...I thought a 3rd party not involved has to serve it and it has to be signed by a judge and court approved???
It seriously looks like she got a blank off the internet and filled it out, stuck in an envelope and hand addressed it to Carol.
I talked to a Real Estate buddy who looked up the address and told me a transfer of title was issued 11/25 and initiated by Wes' daughter Tana and named Tana as the owner upon death.
So, that can't be good for Carol.
Wes also had a letter drawn up in 2020 that Carol should be able to remain in the house for any reason that Wes is absent regardless of how long he is gone. All expenses to be paid by Wes or his daughter (the owners) Yes, I am paraphrasing this as I don't want to attach the agreement here. But to me it seems like Carol should be able to stay in the house as long as she wants...but doesn't say anything upon death????

Is there any recourse she now has a little over 2 weeks to go somewhere. She lives in Boulevard...about 20 min past Pine valley off the 8 fwy, East of San Diego.
Oh, and my wife's older brother lives there too and is completely worthless! Mr. Super drama Queen

No, they can't/aren't coming here to our home, but my wife and I are trying to figure out if she can stay in the house a little longer even another 30 days would help?
Does any here know anything about this?
I don't have a lot of answers, and I myself have questions but wanted to get this out there since there seems to be someone in the know about many different things on this site.

I really appreciate any insight or info.

Thank you,
Dale
 
Even Boulevard is still in California. 31 days from the notice the daughter will not be able to just show up and kick her stuff to the curb. That being said, the eviction process has been started. Your mother in law should start looking for another place.
 
1) Yore MIL has lived there over a year, a 60-day notice is required (30 day is less a year occupancy).
2) A form off the internet can be valid if it's filled out properly and served correctly, sounds like this is legit.
3) if MIL stays past the 30-day, Tana will have to get the court involved, which takes time and money. She already has more then 30 days, but there might be more $$ later and not worth it IMHO.

IMHO Call Tana and see if something can be worked out temporarily. But considering she started getting the title in 11/25, this seems to have been in the works a few months. The letter from 2020 covers while Wes was alive "most likely".... I doubt it's a battle worth fighting in court for yore MIL.

What's keeping MIL from getting a new place, aside being inconvenient?



My early morning opinion...hope you guys help her figure it out. I personally can't stand useless BIL (I know what yore dealing with).
 
@Crusty
Carol doesn't work and never really did, she gets $900/month from SS.
Jerry is a POS that doesn't work and has always lived with mommy, Carol. He gets $900/month disability.
They have no money, no jobs there is crap all over the place on this 5 acre parcel of land Wes owns/owned.

It is kind of overwhelming especially for Carol, but in reality, they are in this situation because of life choices!
SUCKS, but it is what it is. Cheryl and I will do what we can but I'm not even sure where to start.
Right now, our thought is to grab what is necessary and put it in storage then those 2 have to find some place to live!
Oh, and they have 5 dogs (which they can't afford to have, oh and a couple ducks, a turtle...you know shit you shouldn't have when you have no money and no means of work!
 
If finances are an issue you may offer a deal where the daughter agrees to pay first, last ,security deposit and moving expenses for a new place.
Someone determined to stay in a house, especially a senior citizen can drag out the eviction process for quite a long time.
Lending institutions have been known to “buy the keys” from occupants of homes that have been foreclosed on. I realize foreclosure and this situation are not the same but there is a value to the daughter for the MIL’s cooperation.
 
Even if the 30 days holds up (it probably won't since they've been there over a year), it still takes a court order to be removed, which is 30-45 days per Google (LOL if I've ever seen it happen this quick). The person serving the notice is not the owner, nor is the executor (unless probate already finalized, which is amazingly quick). If probate hasn't finalized, and the title isn't under their name, they technically can't even begin eviction.

This isn't the recommended route, but it is leverage for a better deal. Best bet is a calm phone call to get what you actually need. If they push back, or are rude/difficult, just calmy remind them that minimum notice for eviction over 1 year of residence is 60 days AFTER probate is settled before everyone goes to court, this could be 6 months+. Ask her to work with you to avoid that, as neither of you want to waste time.

Tread carefully. People become vultures after someone dies. Amazing how disgusting people can be over estates...
 
Have someone look at the letter they had drawn up...that could be a big monkey wrench in the daughters plans. Sounds like a shitty situation all around.
 
Thank you all for the responses.
BaBaBouy said:
If finances are an issue you may offer a deal where the daughter agrees to pay first, last ,security deposit and moving expenses for a new place.
Someone determined to stay in a house, especially a senior citizen can drag out the eviction process for quite a long time.
Lending institutions have been known to “buy the keys” from occupants of homes that have been foreclosed on. I realize foreclosure and this situation are not the same but there is a value to the daughter for the MIL’s cooperation.
Click to expand...
That would work if the daughter wasn't a total POS! And the daughter is leveraged to the hilt it seems...they live WAY above their pay grade!
I guarantee they are looking to sell this property to get cash ASAP!
But I am going to tell my wife that her mom needs to try and call the daughter and have a come to Jesus moment and try and work something out.
It is beneficial for all parties.
(y)
 
Rockwood said:
Even if the 30 days holds up (it probably won't since they've been there over a year), it still takes a court order to be removed, which is 30-45 days per Google (LOL if I've ever seen it happen this quick). The person serving the notice is not the owner, nor is the executor (unless probate already finalized, which is amazingly quick). If probate hasn't finalized, and the title isn't under their name, they technically can't even begin eviction.

This isn't the recommended route, but it is leverage for a better deal. Best bet is a calm phone call to get what you actually need. If they push back, or are rude/difficult, just calmy remind them that minimum notice for eviction over 1 year of residence is 60 days AFTER probate is settled before everyone goes to court, this could be 6 months+. Ask her to work with you to avoid that, as neither of you want to waste time.

Tread carefully. People become vultures after someone dies. Amazing how disgusting people can be over estates...
Click to expand...
Turns out the daughter did a transfer of title in Nov, 2025 that is active upon death...so it seems she is now the legal title holder!
But still, it can't happen that quick for Carol and Jerry to get booted out????

Thank you @Rockwood

I freaking love this site...seriously can't thank you all enough...you are kind of setting me at ease a little, kind of sort of!
LMAO
 
Terrible situation for you to have to deal with for sure. Sorry to see you and your wife having to navigate this mess. Hang in there Dbart 😩
 
dbart said:
Turns out the daughter did a transfer of title in Nov, 2025 that is active upon death...so it seems she is now the legal title holder!
But still, it can't happen that quick for Carol and Jerry to get booted out????

Thank you @Rockwood

I freaking love this site...seriously can't thank you all enough...you are kind of setting me at ease a little, kind of sort of!
LMAO
Click to expand...
Ah, for some reason I thought Tana was a different daughter than the one who served.

You still have leverage in that:

1. She has 60 days, not 30.
2. Court can't start until after 60 days.

I wouldn't have Mom call her, best if either you or the wife (or whoever is calmest) does. Channel your inner Liam Neeson during the call.

 
dbart said:
Thank you all for the responses.

That would work if the daughter wasn't a total POS! And the daughter is leveraged to the hilt it seems...they live WAY above their pay grade!
I guarantee they are looking to sell this property to get cash ASAP!
But I am going to tell my wife that her mom needs to try and call the daughter and have a come to Jesus moment and try and work something out.
It is beneficial for all parties.
(y)
Click to expand...
Yeah, I saw that after I posted, bummer.
 
This sucks for everyone involved. There are a lot of things that could be done to make this a miserable fight for the daughter, but if you don't see a path to your mother in law living there peacefully 5 years from now, is it really worth it? Another avenue for your mother in law may be assisted living. If she's willing to do it and truly owns nothing on paper there are waivers that will pay for it. I'm sure it's a process, but it may be worth it in the long run.
 
Nothing good about this situation, hopefully you can drag it out 60-90 days. One thing, you don't want an eviction on your credit, might be hard to rent again.

But either way, she needs to get rid of all the pets, I can't see a future where she can take all of them. I would also start all the moving and downsizing items now.

Interesting she got the house transferred into her name before he died? Seems she was manipulating the situation and planning for all of this a while ago.

Good luck
 
Kraut_n_Rice said:
Was Wes in bad health? Did he tell Carol about the title transfer?
Click to expand...
Wes had a heart attack in November...stayed with the daughter to heal up. He needed to have a triple bypass, but they wouldn't perform it till he got his teeth fixed.
There was a chance if he had any sort of infection, it would kill him. so fast forward to a couple of weeks ago when he was driving back from the dentist, he drove himself to the fire station, where he pulled right up to the front door, honking the horn...HONKING and HONKING, he then opened the door before anyone came out and collapsed outside his truck; he was dead! The Fire Fighters came out and tried all they could to revive him, but it was too late.
This was right down the street from his house. Apparently a massive heart attack...he knew it that's why he drove to the fire station.
My wife and her other brother Bart, were actually there visiting their mom, and when Wes never came home, they started to worry. Then they got the call. The Sheriffs found the daughter, Tana's phone number and called her. Tana then called Carol and told Wes had died.
6 days later, Tana gave Carol the notice of eviction.
 
It sounds like it is time to have a couple come to Jesus conversations.

MIL on what she expects going forward
The former DIL needs to be informed as to what the laws are and understand you want to be nice but don't have to be and court will cost her $$ not your MIL after all she has nothing
The main one who needs to get a clue though is the Son, you need to make him understand mommy can't have a dependent any longer, if what will probably happen is that you and your wife will pick up some costs for mom to live closer to you in a facility and sonny boy and the dogs can't come along.
 
You must log in or register to reply here.
Back
Top