Summary
The users grandmother passed away without leaving a will. The users aunt assumed control of the property and is now attempting to sell it and evict the users father. The users father had signed a power of attorney document under the impression that it was for protection, not to sign over his rights. The user is seeking advice on their rights and possible steps to take in this situation. The property is located in California.Full Conversation
So my dad's mother pass away when she passed she didn't leave her property to anyone my dad and I was living with her his Auntue nade hersejd admin over the property and then told us that we had to sign papers making her power of attorney if we were to pass she could be incharge my now she selling property evicting him for nobe rent payment
Did your grandmother have a will? If not, the property usually goes to the closest relatives under state "intestate" laws.
It's a lot to type
Did your grandmother's aunt have legal authority to sell the property?
No
What state is the property located in? This will help me provide you with the specific intestate laws and possible steps to take.
She sold one house
What state was the house located in that was sold?
California she sold one house now she trying to sell the one he stay in she evocrted him
What is the status of the eviction process? Has your father received a formal eviction notice?
He is headed to get a execution of stay now
What is the basis for the execution of stay your father is seeking?
He didno
What is the reason your father didn't sign the power of attorney papers?
He signed it with the understand it's just to protect him his sister my sister if they were to die or something not sign over his rights
What was the exact wording of the power of attorney document your father signed?
I have to ask she didn't give him a copy he is disable and has issues with understand she told him he didn't need a copy
What is the current status of the power of attorney document? Has it been filed with any legal authority or court?
She won't give a copy he want to take her off because she lied to him
What steps has your father taken to revoke the power of attorney?
None that's why we're trying to find out our rights while se have a stay of execution
What is the duration of the stay of execution? In California, a power of attorney can be revoked by notifying the attorney-in-fact in writing and filing the revocation with the county recorder.
I can call him and ask
What is the exact location of the property in question in California?
One second
What is the current status of the eviction process?
She never evicted him
What actions has she taken to remove him from the property if she hasn't formally evicted him?
She just served gin a notice to vacate premises due to fail to pay rent
What is the duration given in the notice to vacate the premises?
The sheriff was to come tomorrow if he didn't file a execution of stay p
What is the exact location of the property in question in California?
It's in California
What is the exact address of the property in question?
TRY ME!
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